1. education

Auburn Enlarged City School District
Policy Manual
"PHILOSOPHY"
In preparing individuals to develop their fullest potential for living in the society of today and
tomorrow, the Board of Education and the staff of the School District:
I.
Recognize their responsibility to help meet the physical, intellectual and emotional needs of
children; particularly the needs to inquire, learn, think, and create; to establish aesthetic, moral
and ethical values; and to relate satisfactorily to others in social situations involving family,
work, government, and recreation.
II.
Accept primary responsibility for giving students a mastery of the basic skills of learning,
thinking, and problem-solving; for teaching them to use the various media of self-expression;
for instilling in them a knowledge of the social and natural science; for acquainting them with
the richness of our heritage; and for stimulating them to productive work in the various areas of
human endeavor.
III.
Acknowledge the importance of their supplemental role to the home and other social agencies
in developing habits and attitudes which make for effective personal living, the maintenance of
optimum physical and mental health, and the establishment of sound moral, ethical, and
aesthetic values.
Realizing that education, as here defined, is a lifelong process, the School System seeks to
orient its graduates toward various types of post-secondary education and further formal
training and study of many types; and to provide educational opportunities particularly suited
to the needs of adults, both as individuals and as citizens in a democracy.
Revised: 1/9/2013
FOREWORD
Contained herein are the policy statements formulated by the Board of Education of the Auburn
Enlarged City School District.
Policy is defined as a basic plan of action. It establishes limits within which freedom of
judgment can be exercised.
Policy is a governing principle of management. It is a statement that has an effect on the
interests of those who come under its jurisdiction. A policy may originate from the constitution, from
statute, from local determinations and/or from customary patterns of formal behavior.
Policy should accomplish the following:
a)
State a position taken by the District;
b)
Grant the authority to act;
c)
Be sufficiently detailed to give adequate direction;
d)
Be achievable within the real environment of the school and community;
e)
Provide for impartial procedures.
In addition to the adopted policies, the operation of the School District is governed by and
subject to all applicable Laws, Regulations of the Commissioner of Education, Civil Service
requirements, Board of Education Resolutions, School Administrative Regulations and Contracts of
Agreement.
If any part of this manual is made invalid by judicial decision or legislative or administrative
enactment, all other parts shall remain in full effect unless and until they are amended or repealed by
the Board of Education. The official record of the adoption, amendment, or repeal of the by-laws and
policies of the Auburn Enlarged City School District shall be the minutes of the meetings of the Board
of Education.
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Auburn Enlarged City School District
NUMBER
ORGANIZATION OF THE BOARD OF EDUCATION
1.1 School District and Board of Education Legal Status ............................................... 1110
1.2 Board of Education Authority.................................................................................... 1120
1.3 Number of Members and Terms of Office ................................................................ 1130
NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS
2.1 Board of Education Members: Qualifications .......................................................... 1210
2.2 Board of Education Members: Nomination and Election .........................................1220
2.3 Reporting of Expenditures ......................................................................................... 1230
2.4 Resignation and Dismissal ......................................................................................... 1240
2.5 Legal Qualifications of Voters at School District Meetings ......................................1250
2.6 Submission of Questions and Propositions at Annual Elections and
Special District Meetings ........................................................................................... 1260
THE ROLE OF THE BOARD OF EDUCATION
3.1 Powers and Duties of the Board ................................................................................ 1310
3.2 Nomination and Election of Board Officers .............................................................. 1320
3.2.1
Duties of the President of the Board of Education ........................................1321
3.2.2
Duties of the Vice President of the Board of Education ................................ 1322
3.3 Appointments and Designations by the Board of Education .....................................1330
3.3.1
Duties of the District Clerk ............................................................................ 1331
3.3.2
Duties of the School District Treasurer ......................................................... 1332
3.3.3
Duties of the Tax Collector ............................................................................ 1333
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THE ROLE OF THE BOARD OF EDUCATION (Cont’d.)
3.3.4
Duties of the Independent Auditor.................................................................1334
3.3.5
Appointment and Duties of the Internal Claims Auditor ............................... 1335
3.3.6
Duties of the Extraclassroom Activity Fund Central Treasurer
and Faculty Advisor ....................................................................................... 1336
3.3.7
Duties of the School Attorney .......................................................................1337
3.3.8
Duties of the School Physician / Nurse Practitioner ......................................1338
3.4 Principles for School Board Members .......................................................................1340
3.5 Audit Committee........................................................................................................1350
3.5.1
Audit Committee Charter............................................................................... 1351
3.5.1
Internal Audit .................................................................................................1352
BOARD POLICY
4.1 Policy ......................................................................................................................... 1410
4.2 Execution of Policy: Administrative Regulations .................................................... 1420
MEETINGS OF THE BOARD OF EDUCATION
5.1 Regular Board Meetings and Rules (Quorum and Parliamentary Procedure) ........... 1510
5.1.2
Agenda Format .............................................................................................. 1512
5.2 Special Meetings of the Board of Education ............................................................. 1520
MEETINGS OF THE DISTRICT
6.1 Annual District Meeting and Election/Budget Vote .................................................. 1610
6.1.1
Business of the Annual District Election ....................................................... 1611
6.2 Annual Organizational Meeting................................................................................. 1620
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RULES OF MEETINGS
7.1 Quorum ...................................................................................................................... 1710
7.2 Minutes ...................................................................................................................... 1720
7.3 Executive Sessions.....................................................................................................1730
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SUBJECT:
SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS
The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for
a system of free common schools wherein all children of the State may be educated.
The Legislature of the State has implemented this constitutional mandate through the creation of
school districts of various types. The Auburn Enlarged City School District is governed by the laws
set forth for Central School Districts in Article 37 of the Education Law, and by-laws relating to, or
affecting, Union Free School Districts as set forth in Article 35 of the Education Law.
The School District constitutes a corporate entity that possesses all the usual powers of a
corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell
personal property and real estate, and enter into such obligations as are authorized by law.
The Constitution of the State of New York places the responsibility for public education on the
State Legislature, and directs the establishment of a State Department of Education for general
supervision over the schools and headed by a Commissioner of Education. The New York State
Constitution further provides that local public schools under the general supervision of the State
Education Department shall be maintained, developed and operated by locally elected boards.
Legally, local boards are instruments of the New York State Constitution, the New York Statutes and
the regulations of the State Education Department and its Commissioner.
New York State Constitution
Education Law Articles 35 and 37
Adopted: 2/26/02
2002
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SUBJECT:
BOARD OF EDUCATION AUTHORITY
As a body created under the Education Law of New York State, the Board of Education of the
Auburn Enlarged City School District has full authority, within the limitations of federal and state
laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out
the will of the people of its District in matters of education.
In all cases where laws or regulations of the State Commissioner of Education do not provide,
permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising
educational matters and activities.
Board members have no authority over school affairs as individuals. They have authority only
when acting as a body duly called in session.
Education Law Sections 1604, 1701, 1709, 1804, and 1805
Adopted: 2/26/02
2002
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SUBJECT:
NUMBER OF MEMBERS AND TERMS OF OFFICE
The Board of Education of the Auburn Enlarged City School District shall consist of nine (9)
members elected by the qualified voters of the School District at the annual election as prescribed by
law.
Members of the Board of Education shall serve for three (3) years beginning July 1 following
their election and each term shall expire on the thirtieth day of June of the third year.
9 Member Board - Education Law Section 1804(1)
Term of Office - Education Law Section 2105
Adopted: 2/26/02
2002
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SUBJECT:
BOARD OF EDUCATION MEMBERS: QUALIFICATIONS
A Board of Education member of the Auburn Enlarged City School District must meet the
following qualifications:
a)
A citizen of the United States;
b)
Eighteen (18) years of age or older;
c)
Able to read and write;
d)
A legal resident one (1) year prior to the election;
e)
Cannot be an employee of the Auburn Enlarged City School District;
f)
The only member of his/her family (that is, cannot be a member of the same household) on
the Auburn Enlarged City School District Board;
g)
May not simultaneously hold another, incompatible public office;
h)
Must not have been removed from a school district office within one year preceding the
date of election to the Board.
Education Law Sections 2102, 2103, 2103-a,
and 2502(7)
Public Officers Law Section 3
Adopted: 2/26/02
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SUBJECT:
a)
BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION
Candidates for the office of member of the Board of Education shall be nominated by petition.
Such petition shall be directed to the Clerk of the School District, and shall be signed by at least
one hundred qualified voters of the District.
Vacancies upon the Board of Education shall not be considered separate specific offices and that
the nominating petitions shall not describe any specific vacancy upon the Board of Education for
which the candidate is nominated. Such procedure shall be followed with respect to all
nominations and elections in subsequent years until and unless such proposition is repealed by
the electors of the District at a regular election by the adoption of a proposition to repeal the
original proposition.
b)
The notice of the annual District meeting must state that petitions nominating candidates for the
office of member of the Board of Education must be filed with the Clerk of the District not later
than the thirtieth day preceding the election at which time the candidates so nominated are to be
elected.
c)
Voting will be by machine, and provision shall be made for the election by "write-in-vote" of
any candidate not previously nominated. The position of candidates on ballots shall be
determined by lot at a drawing conducted by the District Clerk on the day after the last filing.
Candidates or their proxies may be present for the drawing.
d)
The hours of voting shall be as indicated by Board resolution.
e)
The candidates receiving the largest number of votes or, in the alternative, the largest number of
votes for each specific vacancy, shall be declared elected in accordance with Education Law.
f)
At least ten days prior to the election, the Board shall appoint at least two inspectors of election
for each voting machine, and set their salary.
g)
The District Clerk shall attend the election and record the name and legal residence of each
voter. The Clerk shall give notice immediately to each person declared elected to the Board,
informing him/her of the election and his/her term of office.
h)
Only qualified voters as determined by Education Law (Section 2012) may vote at any District
meeting or election.
i)
No electioneering will be allowed within one hundred (100) feet of the polling place.
(Continued)
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SUBJECT:
j)
BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION
(Cont'd.)
When a term of office expires at the end of a school year and the office has become vacant at the
time of election, the person elected to fill the new full term vacancy also fills the remaining days
of the previous term, beginning his/her term of office immediately upon election.
Education Law Sections 2004, 2013, 2018,
2025, 2029, 2031-a, 2032, 2034(7)(d),
2105(14), and 2121
Adopted: 2/26/02
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SUBJECT:
REPORTING OF EXPENDITURES AND CONTRIBUTIONS
Each candidate for the position of member of the Board of Education whose expenses and/or
contributions received exceed five hundred dollars ($500) must file a statement accounting for his/her
campaign expenditures and contributions with the District Clerk and an additional statement with the
Commissioner of Education. In the event the expenses do not exceed five hundred dollars ($500) and
the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn
statement to that effect must only be filed with the District Clerk.
Required contribution statements shall include:
a)
The dollar amount and/or fair market value of any receipt, contribution or transfer which is
other than money;
b)
The name and address of the transferor, contributor or person from whom received;
c)
If that transferor, contributor or person is a political committee as defined in Section 14100 of the Election Law;
d)
The name and political unit represented by the committee;
e)
The date of receipt;
f)
The dollar amount of every expenditure;
g)
The name and address of the person to whom the expenditure was made, or the name of
and political unit represented by the committee to which it was made; and
h)
The date of the expenditure.
The times for filing the statements are as follows:
a)
The first statement on or before the thirtieth day preceding the election to which it relates;
b)
A second statement on or before the fifth day before the election;
c)
A third statement within twenty days after the election.
Any contribution or loan in excess of $1000 received after the close of the period covered in the
last statement filed before the election (b above) but before the election itself shall be reported within
24 hours after receipt.
(Continued)
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SUBJECT:
REPORTING OF EXPENDITURES AND CONTRIBUTIONS (Cont'd.)
All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a
public official authorized by New York State law to administer oaths.
Education Law Sections 1528 and 1529
Election Law Section 14-100(1)
Adopted: February 26, 2002
Amended: March 15, 2005
2002
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SUBJECT:
RESIGNATION AND DISMISSAL
Board members may resign at any Board meeting, at which time the resignation shall be
automatically accepted and reflected in the Board minutes. A Board member may also resign by
filing a written resignation with the District Clerk.
The resignation shall take effect upon the date specified in the letter of resignation; however, if
no effective date is specified, it shall take effect on the date of delivery to or filing with the District
Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than
thirty (30) days subsequent to the date of its delivery or filing.
It shall be the duty of each member of the Board of Education to attend all meetings of the Board
and, if any member shall refuse to attend three consecutive meetings of the Board after having been
regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will
proceed to declare that office vacant.
A Board member may be removed from office by the Commissioner of Education for willful
violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or
regulation of the Commissioner.
The Board of Education may also remove a board member for misconduct relating to the
exercise of authority as a board member. A written copy of all charges made of such misconduct
must be served upon the board member at least ten (10) days before the time designated for a
hearing on the charges, and the board members shall be allowed a full and fair opportunity to refute
such charges before removal.
In the event of death, resignation, refusal to serve, or any disqualification of a Board member,
the Board may appoint a new member to fill such a vacancy. If the Board chooses to fill the
vacancy, it shall be only for a term ending with the next annual election of the School District at
which time such vacancy shall be filled in a regular manner for the balance of the unexpired term.
The Board, at its own option, may also elect to call a special election within ninety days to fill the
unexpired term. If not so filled, the District Superintendent of the Supervisory District may appoint
a competent person to fill the vacancy until the next annual election of the District. The
Commissioner of Education may order a special election for filling a vacancy. When such special
election is ordered the vacancy shall not be filled otherwise.
A Board member who has been removed from office shall be ineligible to appointment or
election to any office in the District for a period of one year from the date of such removal.
Education Law Sections 306, 1706, 1709(17)(18),
2103(2), 2109, 2111, 2112, and 2113
Public Officers Law Sections 30, 31 and 35
Adopted: 2/26/2002
Amended: 1/13/2009
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SUBJECT:
LEGAL QUALIFICATIONS OF VOTERS AT SCHOOL DISTRICT
MEETINGS
A person shall be entitled to register and vote at any school meeting for election of members of
the Board of Education, and upon all matters which may be brought before such meeting, who is:
a)
A citizen of the United States;
b)
Eighteen (18) years of age or older;
c)
A resident within the District for a period of thirty (30) days next preceding the meeting at
which he/she offers to vote.
Any person who would not be qualified to register or vote under the provisions of Sections 5-100
and 5-106 of the Election Law shall not have the right to register for or vote in an election.
Education Law Section 2012
Election Law Article 5
Adopted: 2/26/02
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SUBJECT:
SUBMISSION OF QUESTIONS AND PROPOSITIONS AT ANNUAL
ELECTIONS AND SPECIAL DISTRICT MEETINGS
Questions and Propositions at Annual District Elections
The following rules and regulations shall apply to the submission of the questions or
propositions at the annual elections or special district elections of this School District.
a)
Questions or propositions shall be submitted by petition directed to the Clerk of the School
District and shall be signed by twenty-five (25) qualified voters, or five percent (5%) of the
registered voters of the District who voted in the previous annual election of Board
members, whichever is greater.
b)
A separate petition shall be required for each question or proposition.
c)
Each petition shall be filed with the Clerk of the School District. Petitions relating to an
Annual Election must be filed not later than thirty (30) days preceding the election at which
the question or proposition is to be voted upon.
d)
Questions or propositions submitted in accordance with these rules and accepted will be
printed on the ballot for the voting machine.
e)
The Board of Education shall cause the rules and regulations set forth in this policy to be
distributed within the District.
f)
Nothing herein contained shall affect the nominations of candidates as set forth in the
Annual District Election notice pursuant to Section 2018 of the Education Law.
Questions or Propositions to be Submitted at Special District Meetings
The procedure for requesting the Board of Education to call a Special District Meeting to vote on
a question or proposition shall be in accordance with subdivision 2 of Section 2008 of the Education
Law.
Education Law Sections 2008 and 2035(2)
Adopted: 2/26/02
2002
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SUBJECT:
POWERS AND DUTIES OF THE BOARD
The Board of Education shall have powers and duties as set forth in New York State Education
Law, principally Articles 35 and 37, and other applicable Federal and State laws and regulations. In
general, the Board shall have in all respects the superintendence, management and control of the
educational affairs of the District and shall have all the powers necessary to exercise these powers
expressly granted to it by the laws of New York State and the Commissioner of Education.
Education Law Sections 1604, 1709 and 1804
NOTE:
Refer also to Policy #6540 -- Defense and Indemnification of Board Members and
Employees
Adopted: 2/26/02
2002
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SUBJECT:
NOMINATION AND ELECTION OF BOARD OFFICERS
Officers of the Board of Education shall be nominated and elected by the simple majority of the
Board at its Annual Organizational
The elected officers of the Board of Education are:
a)
President;
b) Vice President.
Intentions for office of President and Vice President must be announced at the regular board
meeting prior to the Reorganizational Meeting. Those members seeking nomination will state their
intentions during the discussion on the related agenda item. Current or elected board members can
make their intentions known for leadership roles during this time as per policy 2110.
Education Law Sections 1701 and 2105(6)
Adopted: 02/26/2002
Amended: 11/15/2011
2002
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SUBJECT:
DUTIES OF THE PRESIDENT OF THE BOARD OF EDUCATION
The President's duties include the following:
a)
Presides at all meetings of the Board;
b)
Calls special meetings as necessary or on request;
c)
Appoints members to all committees of the Board; in the event that there are vacancies to
fill
d)
Serves ex-officio as a member of all committees;
e)
Executes documents on behalf of the Board;
f)
Performs the usual and ordinary duties of the office;
g)
Serves as spokesperson for Board; and
h)
Assists in agenda planning to the extent possible with the Vice President and
Superintendent.
Education Law Section 1701
Adopted: 02/26/2002
Amended: 10/11/2011
2002
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SUBJECT:
DUTIES OF THE VICE PRESIDENT OF THE BOARD OF EDUCATION
The Board of Education shall elect one of its members Vice President who shall have the power
to exercise the duties of the President in case of the absence or disability of the President. In case of
vacancy in the office of the President, the Vice President shall act as President until a President is
elected. The Vice President will assist in agenda planning to the extent possible with the President and
the Superintendent.
Education Law Section 1701
Adopted: 2/26/02
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SUBJECT:
APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION
Appointments
The Board is authorized to appoint individuals to positions which will facilitate the meeting of its
responsibilities to the State, the School System, and the community. These appointments usually take
place at the Annual Organizational Meeting.
The following shall be appointed annually:
a)
District Clerk;
b)
District Treasurer;
c)
Deputy Treasurer;
d)
Tax Collector and Deputies;
e)
External (Independent) Auditor;
f)
Central Treasurer, Extraclassroom Activities Account;
g)
Faculty Auditor, Extraclassroom Activities Account;
h)
Audit Committee.
The following must be appointed but need not be reappointed annually:
a)
Census Enumerator and assistants if District conducts census;
b)
Director of School Health Services (District Physician/Nurse Practitioner);
c)
Supervisors of Attendance;
d)
Committee on Special Education and Committee on Preschool Special Education;
e)
Records Access Officer;
f)
Records Management Officer;
g)
Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA)
designee;
(Continued)
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SUBJECT:
APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION
(Cont'd.)
h)
Compliance Officer (Title IX/Section 504/ADA) for discrimination and harassment issues;
i)
Liaison for Homeless Children and Youth;
j)
Dignity Act Coordinator [one (1) in each building].
The following may also be appointed:
a)
School Attorney;
b)
Claims Auditor/Deputy Claims Auditor;
c)
Internal Auditor;
Designations
The following designations shall be made by the Board of Education at the Annual
Organizational Meeting in July:
a)
Petty Cash Fund(s);
b)
Official Newspaper(s);
c)
Official Bank Depositories;
d)
Official Bank Signatories;
e)
Purchasing Agent;
f)
Certifier of Payrolls;
g)
School Pesticide Representative;
(Continued)
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SUBJECT:
i)
APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION
(Cont'd.)
School Meal Program Appeal Officer
Authorizations
The following authorizations shall be made by the Board of Education at the Annual
Organizational meeting in July:
a)
Approval of attendance at conferences, conventions, workshops, and the like;
b)
Superintendent to approve budget transfers within limits prescribed by Commissioner's
Regulation Section 170.2 and Board guidelines;
c)
Superintendent to apply for Grants in Aid (State and Federal) as appropriate;
d)
Establish mileage reimbursement rate;
e)
Other(s) as deemed appropriate/necessary.
McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the No Child Left
Behind Act of 2001
29 Code of Federal Regulations (CFR) Section 1910.1450
Education Law Sections 305(31), 1709 and 2503
8 New York Code of Rules and Regulations (NYCRR) Part 185
21 New York Code of Rules and Regulations (NYCRR) Parts 1401, 9760
Adopted:
Amended:
Amended:
Amended:
Amended
02/26/2002
01/11/2005
11/18/2008
02/08/2011
6/26/2012
2002
1331
By-Laws
SUBJECT:
DUTIES OF THE DISTRICT CLERK
The District Clerk will be appointed by the Board at its Annual Organizational Meeting and will
serve for a period of one (1) year. The Clerk's duties include the following:
a)
Attends all meetings of the Board and keeps a record of its proceedings and records, by
name, those in attendance;
b)
Prepares minutes of the meetings of the Board, obtains approval of the minutes by the
Board at the next meeting and forwards copies of the minutes to each member of the Board
of Education;
c)
Sends notices of special meetings to members of the Board; contacts and communicates
with members as required;
d)
Sees that the proper legal notices and announcements are published on all specifications
and items out on bid, in accordance with state law;
e)
Maintains an up-to-date record of Board policies and by-laws;
f)
Delivers to, and collects from, the President (or Vice President) such papers for signature
as may be necessary;
g)
Distributes notices to the public announcing availability of copies of the budget to be
presented at the annual District meeting in compliance with the requirements of the State
Education Law;
h)
Administers oaths of office, as required by Section 10, Public Officers Law;
i)
Gives written notice of appointment to persons appointed as inspectors of election;
j)
Calls all meetings to order in the absence of the President and Vice President;
k)
Assumes other duties customary to the office.
The above duties of the District Clerk are not intended to be complete but should serve as a
comprehensive guide in undertaking the duties of this office. The District Clerk shall perform such
other duties as may be assigned from time to time by the Board.
Education Law Section 2121
Public Officers Law Section 104
Adopted: 2/26/02
2002
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SUBJECT:
DUTIES OF THE SCHOOL DISTRICT TREASURER / DEPUTY TREASURER
The Treasurer is appointed by the Board of Education at the Annual Organizational Meeting and
will be covered by a blanket bond. In the absence of the Treasurer, the Deputy Treasurer assumes all
the responsibilities of the Treasurer. In addition to the routine duties of accounting, filing, posting and
preparing reports and statements concerning District finances, the District Treasurer / Deputy
Treasurer shall perform other specific tasks as follows:
a)
Acts as custodian of all moneys belonging to the School District and lawfully deposits
these moneys in the depositories designated by the Board;
b)
Pays all authorized obligations of the District as directed;
c)
Maintains proper records and files of all checks, and approved payment of bills and
salaries;
d)
Makes all such entries and posts all such financial ledgers, records and reports as may be
properly required to afford the District an acceptable and comprehensive financial
accounting of the use of its moneys and financial transactions;
e)
Signs all checks drawn on District fund accounts;
f)
Assumes other duties customary to the office.
Duties-Education Law Section 2122
Bond-Education Law Section 2130, Part 5
8 New York Code of Rules and Regulations
(NYCRR) Sections 170.2(o) and (p)
Adopted: 2/26/2002
Amended: 1/25/2011
2002
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SUBJECT:
DUTIES OF THE TAX COLLECTOR
The Tax Collector is appointed annually by the Board of Education and shall be covered by a
bond. It shall be the responsibility of the District Tax Collector to perform the following duties:
a)
Prepares and mails tax notices;
b)
Uses suitable printed tax receipt forms as prescribed by the State Tax Commission;
c)
Collects taxes in the amount of the warrant, upon the issuance of the tax warrant by the
Board of Education and penalty fees in accordance with the terms of such warrant;
d)
Turns over daily to the School District Treasurer all money collected by virtue of any tax
list and warrant issued;
e)
Submits a report, certified by him/her to the Board of Education, showing the amount of
taxes and fees collected along with the unpaid listing. The combination of taxes collected
and uncollected shall equal the amount of the warrant;
f)
Turns over to the City or County Treasurer, as appropriate, a list of unpaid taxes as of the
end of the collection period;
g)
Carries out such other duties of the position as prescribed in the Real Property Tax Law.
Education Law Sections 2126 and 2130
Real Property Tax Law Sections 922,
924, 1322, 1330, and 1338
Adopted: 2/26/02
2002
1334
By-Laws
SUBJECT:
DUTIES OF THE INDEPENDENT AUDITOR
The Board by law shall obtain an annual audit of its records by an independent certified public
accountant or an independent public accountant, and a copy of the certified audit in a form prescribed
by the Commissioner must be accepted by the Board and furnished annually to the State Education
Department.
Education Law Section 2116-a
8 New York Code of Rules and Regulations
(NYCRR) Sections 170.2 and 170.3
Adopted: 3/12/02
2002
1335
By-Laws
SUBJECT:
APPOINTMENT AND DUTIES OF THE INTERNAL CLAIMS AUDITOR
The Board may appoint an internal claims auditor who shall hold the position subject to the
pleasure of the Board. No person shall be eligible for appointment to the office of internal claims
auditor who shall be:
a)
A member of the Board;
b)
The Clerk or Treasurer of the Board;
c)
The official of the District responsible for business management;
d)
The Purchasing Agent;
e)
Clerical personnel directly involved in accounting and purchasing functions.
Valid claims against the District shall be paid by the Treasurer only upon the approval of the
internal claims auditor. The internal claims auditor shall:
a)
Examine all claim forms with respect to the availability of funds within the appropriate
codes;
b)
Substantiate receipts or other revenues or expenditures;
c)
Meet such other requirements as may be established by the Regulations of the
Commissioner of Education and/or the Comptroller of the State of New York.
Education Law Sections 1709-20a, 2526
Adopted: 3/12/02
Amended: 10/28/08
2002
1336
By-Laws
SUBJECT:
DUTIES OF THE EXTRA-CLASSROOM ACTIVITY FUND CENTRAL
TREASURER AND FACULTY ADVISOR
Central Treasurer
The Extraclassroom Activities Fund Treasurer is appointed by the Board of Education for each
secondary school and is responsible for the supervision of the extra-classroom activity fund within that
building.
The Treasurer's duties include the following:
a)
Countersigns all checks disbursing funds from the Extra-classroom Activities Account;
b)
Provides general supervision to insure that all receipts are deposited and that disbursements
are made by check only;
c)
Maintains records of all receipts and expenditures;
d)
Submits records and reports to the Board as required;
e)
Assumes other duties customary to the position.
Faculty Auditor
The Extraclassroom Activity Fund Faculty Auditor is appointed by the Board of Education and
is responsible for auditing of all financial transactions of the fund.
The Auditor’s duties include:
a)
Examine the statement of accounts from the Central Treasurer once each month;
b)
Audit the ledgers kept by student treasurers at least twice per year;
c)
Examine transactions and procedures to determine if correct;
d)
Certify the accuracy of entries posted and available balances listed;
e)
Investigate instances when Central Treasurer’s report and club ledgers do not agree; and
f)
Prepare year end report summarizing the financial condition of each activity and submit to
Principal and Board of Education.
8 New York Code of Rules and Regulations
(NYCRR) Part 172
Adopted: 3/12/2002
Amended: 8/24/2010
2002
1337
By-Laws
SUBJECT:
DUTIES OF THE SCHOOL ATTORNEY(S)
The Board of Education shall employ a School Attorney(s) who shall be responsible to the Board
of Education for guidance on all affairs which are of a legal nature, including, but not limited to:
a)
Negotiation of all legal charges and processes for each bond issue and construction and/or
reconstruction of new buildings;
b)
Legal counsel on matters referred to him/her to determine legality of procedure;
c)
Matters related to "due process" hearings or procedures.
Adopted: 03/12/2002
Amended: 10/11/2011
2002
1338
By-Laws
SUBJECT:
DUTIES OF THE SCHOOL PHYSICIAN / NURSE PRACTITIONER
The school physician/nurse practitioner shall be appointed by the Board of Education. The duties
of the school physician/nurse practitioner shall include, but are not limited to, the following:
a)
Performs professional medical services in the examination and care of school children;
b)
Performs routine examinations of school children to detect the presence of contagious
diseases and physical defects;
c)
Serves as an on call member on the Committee on Special Education;
d)
Reports to the Board on school health services;
e)
Coordinates scheduling for physical examinations to all students participating in
interscholastic athletics;
f)
Provides final medical clearance for a return to physical activity for all students suspected
of a mild traumatic brain injury;
g)
Develops the program of health service in accordance with policies approved by the Board
and as directed by the Superintendent of Schools;
h)
Conducts physical exams for all bus drivers and substitutes prior to employment and
annually thereafter;
i)
Conducts physical exams for all new employees (instructional and non-instructional);
j)
Conducts a medical evaluation on any employee at the request of the Board of Education.
8 NYCRR Section 136.5
Education Law Sections 902, 913 and 6902
Adopted: 3/12/2002
Amended: 6/26/2012
2002
1340
1 of 2
By-Laws
SUBJECT:
PRINCIPLES FOR SCHOOL BOARD MEMBERS
The Board of Education of the Enlarged City School District of Auburn endorses and accepts the
following Code of Ethics:
The efficient School Board member renders the highest type of public service. His/her influence
reaches out beyond the limits of the immediate district and touches the very heart of the community.
Every decision a school board member makes must be student-centered. Likewise, an inefficient
Board member, by hindering educational progress in his/her own district, impairs the whole
educational program. The responsibilities of the office are large; the opportunities for service to
childhood and to the community are unlimited.
Effective management of the School System must be based on the spirit of teamwork and
partnership among the Board, the school administrators, and the teaching staff, each party accepting its
own responsibility while respecting and allowing full scope for the discharge of responsibilities by
other partners.
In meeting the responsibilities of his/her office, each Board member is guided in his/her
operations by the following principles:
a)
I accept the responsibility, along with my fellow Board members, of seeing that adequate
facilities and resources are provided for the proper functions of the schools.
b)
I will voice my opinions frankly and respectfully in Board meetings and vote for what I
believe is in the best decision for all the citizens of the District.
c)
I will help to frame policies and plans only after considering the recommendation of the
appropriate administrative officer, together with my reasons for making such
recommendations.
d)
I will accept all Board decisions once they are made and will not hinder carrying them out
effectively.
e)
I will not solicit or encourage staff gripes.
f)
I will not conduct personal investigations into charges concerning students and/or
personnel.
g)
I will present criticisms of school employees only to the Superintendent of the District.
h)
I will not solicit reports or information pertaining to District affairs from staff members
except through the Superintendent of Schools.
.
(Continued)
2002
1340
2 of 2
By-Laws
SUBJECT:
PRINCIPLES FOR SCHOOL BOARD MEMBERS (Cont’d)
i)
I will not become an advocate for someone seeking a job in the School System.
Additionally, no board member shall vote on a contract of his/her spouse or son/daughter.
j)
I will refrain from using my position on the Board in any way whatsoever for personal
prestige.
k)
If seeking to do business with the District in any way for personal gain, I will resign from
the Board prior to any discussion of said business.
l)
If seeking employment in the District, I will resign from the Board prior to entering into
any discussion pertaining to said employment.
m)
I will forget factional and sectional lines and will represent the community as a whole.
n)
I will be keenly aware of the community opinion but will not permit myself to mistake
vocal minority opinion for majority opinion.
o)
I will not speak for the Board except when authorized to do so by the Board.
p)
I recognize that the most effective way to work for the best interests of the schools is
through collaboration with colleagues on the School Board.
Adopted: 03/12/02
Amended: 09/23/08
.
2007
1350
1 of 2
By-Laws
SUBJECT:
AUDIT COMMITTEE
No later than January 1, 2006, an Audit Committee shall be established by Board resolution.
The Audit Committee may consist of:
a)
The Board of Education as a whole;
b)
A subcommittee of the Board of Education; or
c)
An Advisory Committee that may include, or be composed entirely of persons other than
Board members if, in the opinion of the Board, such membership is advisable to provide
accounting and auditing expertise.
The Audit Committee shall consist of at least three (3) members who shall serve without
compensation, but shall be reimbursed for any actual and necessary expenditure incurred in relation to
attendance at meetings. Employees of the District are prohibited from serving on the Audit
Committee. Members of the Audit Committee shall be deemed School District Officers, but shall not
be required to be residents of the School District.
The role of the Audit Committee shall be advisory unless the Audit Committee consists of at
least a quorum of Board members, and any recommendations it provides to the Board shall not
substitute for any required review and acceptance by the Board of Education.
The Audit Committee shall develop and submit to the Board for approval a formal, written,
charter which includes but is not limited to, provisions regarding the committee’s purpose, mission,
duties, responsibilities and membership requirements.
The Audit Committee shall develop and submit to the Board for approval a formal, written
charter which includes but is not limited to, provisions regarding the committee’s purpose, mission
duties, responsibilities and membership requirements.
The Audit Committee may conduct an Executive Session pursuant to Public Officers Law
Section 105 pertaining to only the following matters:
a)
To meet with the External (Independent) Auditor, prior to commencement of the audit;
b)
To review and discuss with the External (Independent) Auditor, any risk assessment of the
District's fiscal operations developed as part of the Auditor's responsibilities under
governmental auditing standards for a financial statement audit and federal single audit
standards if applicable; and
c)
To receive and review the draft annual audit report and accompanying draft management
letter and, working directly with the External (Independent) Auditor, assist the Board of
Education in interpreting such documents.
(Continued)
2007
1350
2 of 2
By-Laws
SUBJECT:
AUDIT COMMITTEE (Cont'd.)
Any Board member who is not a member of the Audit Committee may be allowed to attend an
Audit Committee meeting as an observer. However, if such Board member's attendance results in a
meeting of a quorum of the full Board, any action taken by formal vote may constitute official Board
action.
Education Law Sections 2116-c, and 3811-3813
Public Officers Law Sections 105(b), 105(c)
and 105(d)
8 New York Code of Rules and Regulations (NYCRR)
Section 170.12(d)
REVISED from November 2005 Update
Adopted:
03/27/2007
Amended:
02/10/2009
Amended:
08/24/2010
Amended:
10/11/2011
2010
1351
1 of 2
By-Laws
SUBJECT:
AUDIT COMMITTEE CHARTER
PURPOSE
The general purpose of the Audit Committee is to review and monitor the District’s financial reporting
process and internal financial control systems. The Committee's also responsible for reviewing and
reporting findings from the internal and external auditor to the entire board. The Committee will
review and monitor the timing and scope of internal and external audit activities, the implementation
of effective internal controls by District management and timely management response to audit
findings.
MEMBERSHIP
The members of the Audit Committee will consist of three Board of Education members appointed by
the full Board of Education. Members should have a working familiarity with basic accounting and
financial management practices. Members of the community can be appointed to the committee with
the consent of the Board of Education.
TERM OF SERVICE
Members will serve for one year, subject to reappointment annually. A two-year commitment is
encouraged to provide continuity.
SCOPE OF ACTIVITIES
The Audit Committee will review on an annual basis the audit plans, audit scope and findings of the
District’s external auditors.
The Audit Committee will participate in the selection of the District’s external auditing firm;
determine areas to be emphasized in the external audits; and assist in the development of the external
and internal audit contract.
The Audit Committee will inquire of management and the independent external and internal auditor
about significant risks or exposures, and assess the steps management has taken to minimize such risks
to the district.
The Audit Committee will review with management and the independent external auditor at the
completion of the annual examination the District’s financial statements, management letter comments
and the independent external auditor’s report.
The Audit Committee will make recommendations to the Board of Education regarding the
appointment of the Internal Auditor and assist in providing oversight to the District’s internal audit
function. The Committee will review on a regular basis the audit plans, audit scope and findings of
the District’s internal auditor(s).
(Continued)
2010
1351
2 of 2
By-Laws
SUBJECT:
AUDIT COMMITTEE CHARTER (con’t)
The Audit Committee will make recommendations to the Board of Education regarding the
appointment of the Claims Auditor, assist in the oversight of the Claims audit function and review
significant recommendations and findings of the Claims Auditor.
The Audit Committee will review all corrective action plans developed in response to audit reports
and monitor the implementation of such plans. The Committee will also monitor the implementation
by management of recommendations made by the external, internal and/or claims auditor.
The Audit Committee will report on their review of the District’s Reserve Funds and advise
appropriate funding levels.
The Internal Auditor and the Audit Committee will regularly report audit findings, and management
responses back to the entire board of education. These reports will be at least quarterly.
The Audit committee will work with the Internal Auditor to review, monitor and amend all board
policies to assure that the Board and the District's are in compliance with such policies, and with State
and Federal Laws.
Adopted:
Amended:
Amended:
Amended:
8/2004
1/2006
2/2009
8/24/2010
2009
1352
By-Laws
SUBJECT:
INTERNAL AUDIT
Purpose
The internal audit function is established to provide the Board of Education and Superintendent with
independent analyses, appraisals, and recommendations concerning the adequacy and effectiveness of the
District’s systems of internal control and the quality of performance of management in carrying out assigned
responsibilities and achieving established objectives.
Authority
Internal auditing is an integral part of the District and functions under the policies established by the
Superintendent and the Board of Education. Internal auditing is authorized to direct a broad, comprehensive
program of examination within the District. To allow the internal audit function to be discharged in an effective
manner, the auditor has the authority to audit all functions and have unrestricted access to all records, personnel,
and physical properties within the District; including the authority to audit board functions, process, procedures
and policies for consistency and compliance with state and federal laws.
To ensure independence and objectivity, internal audit shall not develop or install procedures, prepare records,
or engage in any activity that would normally be subject to its review. Moreover, internal audit shall have no
authority over, or responsibility for, any of the activities audited. Internal auditing is not intended to be a
replacement for operating management’s responsibility to implement and ensure the adequacy, effectiveness
and efficiency of internal controls, but rather is an evaluator of those controls.
Responsibility
The auditor shall develop a comprehensive internal audit plan to ensure all activities and programs of the
District are reviewed at appropriate intervals based on a documented risk analysis. The audit plan shall
encompass financial, operational and compliance performance concerns as identified in the assessment of the
District’s risk. The internal audit plan should be reviewed and approved annually by the Audit Committee.
A written report will be prepared and issued by the auditor following the conclusion of each audit. Should
corrective action be indicated, as evidenced by specific recommendations contained in the internal audit report,
management shall include in its response specific steps taken or planned to effect the corrective action. With
respect to program audits, reports will focus on achievement of established objectives and measurement of
outputs, benefits and impacts. Program audits may result in recommendations to expand, improve, limit, or
discontinue a program. Periodically, the internal auditor will present a summary of his/her audit reports and
findings to the Superintendent, Audit Committee and Board of Education.
Reporting
The internal auditor will be appointed by the Board of Education. The Internal Auditor reports administratively
to the Superintendent, and functionally to the Audit Committee and Board of Education. The Internal Auditor
shall meet at least quarterly with the Audit Committee and Board of Education, presenting and discussing audit
reports and issues.
Standards of Internal Audit
The internal audit function shall adhere to the professional and ethical standards regarding internal auditing as
set by the Institute of Internal Auditors and the American Institute of Certified Public Accountants.
Adopted: 2/10/2009
Amended: 8/24/2010
2002
1410
By-Laws
SUBJECT:
POLICY
The Board of Education shall reserve to itself the function of providing guides for the
discretionary action of those to whom it delegates authority. The Superintendent shall act as an
advisor to the Board in the adoption and approval of written Board policies. The Board shall seek
input from the staff and community where appropriate. These guides for discretionary action shall
constitute the policies governing the operation of the School System.
The formulation and adoption of these written policies shall constitute the basic method by
which the Board of Education shall exercise its leadership in the operation of the School System. The
study and evaluation of reports concerning the execution of its written policies shall constitute the
basic method by which the Board of Education shall exercise its control over the operation of the
School System.
The adoption of a written policy shall occur only after the proposal has been moved, discussed
and voted on affirmatively at two separate meetings of the Board of Education (i.e., the "first reading"
and the "second reading"). The policy draft may be amended at the second meeting. By a majority
vote, the Board may waive the "second reading" and complete the adoption of the proposed policy at
its "first reading."
The formal adoption of written Board policy shall be recorded in the official minutes of the
Board. Such written Board policy shall govern the conduct and affairs of the District and shall be
binding upon the members of the educational community in the District.
It shall be the Board's responsibility to keep its written policies up-to-date so that they may be
used consistently as a basis for Board action and administrative decision.
The Superintendent is given the continuing commission of calling to the Board's attention all
policies that are out-of-date or for other reasons appear to need revision.
Education Law Sections 1604(9), 1709(1) and (2)
Adopted: 3/12/02
2002
1420
By-Laws
SUBJECT:
EXECUTION OF POLICY: ADMINISTRATIVE REGULATIONS
The Board shall delegate to the Superintendent the function of specifying required actions and
designing the detailed arrangements under which the schools will be operated. These rules and these
detailed arrangements shall constitute the administrative regulations governing the schools. They
must in every respect be consistent with the policies adopted by the Board. The Board shall be kept
informed periodically of changes in administrative regulations.
Adopted: 3/12/02
2002
1510
1 of 3
By-Laws
SUBJECT:
REGULAR BOARD MEETINGS
PARLIAMENTARY PROCEDURE)
AND
RULES
(QUORUM
AND
All Board of Education meetings must be open to the public except those portions of the
meetings which qualify as executive sessions. In accordance with Section 102 of the Open Meetings
Law, a "meeting" is defined as an official convening of a public body for the purpose of conducting
public business, including the use of videoconferencing for attendance and participation by the
members of the public body. A "public body" is defined as an entity of two (2) or more persons which
requires a quorum to conduct public business, including committees and subcommittees. Reasonable
efforts shall be made to ensure that all meetings are held in an appropriate facility which can
adequately accommodate any and all members of the public who wish to attend.
Whenever such a meeting is to take place, there must be at least seventy-two (72) hours advance
notice in accordance with the provisions of the Open Meetings Law. Notice of other meetings shall be
given as soon as is practicable in accordance with law. When the District has the ability to do so,
notice of the time and place of a meeting shall be conspicuously posted on the District's internet Web
site.
District records subject to release under FOIL, as well as any proposed rule, regulation, policy or
amendment, that are on the Board agenda and scheduled to be discussed at a Board meeting, shall be
made available upon request, to the extent practicable, prior to the meeting. Copies of such records
may be made available for a reasonable fee. If the District maintains a regularly updated Web site and
utilizes a high speed internet connection, such records may be posted on the Web site to the extent
practicable, prior to the meeting. The District may, but it is not required to expend additional funds to
provide such records.
If videoconferencing or online technology is used to conduct a meeting, the public notice for the
meeting shall inform the public that videoconferencing will be used, identify all the locations for the
meeting, and state that the public has the right to attend the meeting at any of the locations. Voting
may be done through videoconferencing, provided that members can be both seen and heard voting
and participating from remote locations.
Regular meetings of the Board of Education of the Auburn Enlarged City School District shall
take place on the day and time designated by the Board at the Annual Organizational Meeting, except
as modified at subsequent meetings of the Board.
It is the responsibility of the Superintendent to prepare the agenda and review it with the Board
President and Vice President for each meeting of the Board. The agenda for each meeting shall be
prepared during the week prior to the meeting. The agenda shall be distributed to Board members no
later than the Friday before such regular meeting. Whenever the President or other members of the
Board wish to bring a matter to the attention of the Board, such request should be made to the
Superintendent, President and Vice-President, so that the same can be placed on the agenda. Whenever
individuals or groups wish to bring a matter to the attention of the Board, such request shall be
addressed in writing to the Superintendent. The Superintendent shall present such matter to the Board.
(Continued)
2002
1510
2 of 3
By-Laws
SUBJECT:
REGULAR BOARD MEETINGS AND RULES (QUORUM AND
PARLIAMENTARY PROCEDURE) (Cont'd.)
The District Clerk shall notify the members of the Board of Education in advance of each regular
meeting. Such notice, in writing, shall include an agenda and the time of the meeting.
In the event that a meeting date falls on a legal holiday, interferes with other area meetings, or
there is an inability to attend the meeting by Board members to the extent that a quorum would not be
present, the Board shall select a date for a postponed meeting at the previous regular meeting, and
shall direct the Clerk to notify all members.
Any meeting of the Board may be adjourned to a given future date and hour if voted by a
majority of the Board present.
The Superintendent and members of his/her staff at the Superintendent's discretion shall attend
all meetings of the Board. The Superintendent shall attend all executive session meetings of the Board
except those that concern his/her evaluation, employment status, and salary determination. The Board
may request the attendance of such additional persons as it desires.
Recording of Meetings
The Board recognizes that advances in technology allow public meetings to be photographed,
broadcast, webcast and/or otherwise recorded, by means of audio or video, in a non-disruptive manner
and supports the use of such technology to facilitate the open communication of public business. To
that end, the Board may adopt rules addressing the location of the equipment and/or personnel used to
photograph, broadcast, webcast and/or record such meetings to assure that its proceedings are
conducted in an orderly manner. Such rules shall be conspicuously posted during meetings and written
copies provided, upon request, to meeting attendees. In the event that a video recording is considered
to be edited, it will be reviewed and approved by the Superintendent, President, and the Vice President
of the board.
Public Expression at Meetings
Public expression at such meetings shall be encouraged and a specific portion of the agenda shall
provide for this privilege of the floor. At its discretion, the Board may invite visitors to its meetings to
participate in the Board's discussion of matters on the agenda.
The Board of Education reserves the right to enter into executive session as specified in Policy
#1540 -- Executive Sessions.
Quorum
The quorum for any meeting of the Board shall be five (5) members. No formal action shall be
taken at any meeting at which a quorum is not present. When only a quorum exists, the Board shall act
by unanimous vote unless otherwise required by the laws of the State of New York.
(Continued)
2002
1510
3 of 3
By-Laws
SUBJECT:
REGULAR BOARD MEETINGS AND RULES (QUORUM AND
PARLIAMENTARY PROCEDURE) (Cont'd.)
Use of Parliamentary Procedure
The business of the Board of Education shall be conducted in accordance with the authoritative
principles of parliamentary procedure as found in the latest edition of Robert's Rules of Order.
Education Law Sections 1708 and 2504
General Construction Law Section 41
Public Officers Law Article 7, Section 103(d), 104 and 107
NOTE:
Refer also to Policies #1520 -- Special Meetings of the Board of Education
#5410 -- Purchasing
#6211 -- Employment of Relatives of Board of Education Members
#8340 -- Textbooks/Workbooks/Calculators/Instructional Computer
Hardware
Adopted: 3/12/2002
Amended: 2/14/2012
Amended: 5/08/2012
2002
1512
By-Laws
SUBJECT:
AGENDA FORMAT
For regular Board meetings, the following format is used:
a)
Call to Order, Roll Call, Pledge of Allegiance to the flag;
b)
Approval of the Agenda
c)
Minutes of Previous Meeting
d)
Communications – Residents Wishing to Be Heard
e)
Superintendent's Reports/Presentations
f)
Committee Reports/Workshops
g)
Old Business
h)
Financial Matters
i)
Instructional Personnel
j)
Non-Instructional Personnel
k)
Approval of Children's Services
l)
Board Policy
m)
Information Sharing
n)
Other
o)
Adjournment
For special and emergency meetings, the regular meeting agenda format shown above may be
shortened and/or adapted to fit the purpose of the meeting.
Education Law Section 1606
Public Officers Law Section 104(2)
Adopted: 3/12/02
2002
1520
By-Laws
SUBJECT:
SPECIAL MEETINGS OF THE BOARD OF EDUCATION
Special meetings of the Board shall be held on call by any member of the Board. A reasonable
and good faith effort shall be made by the Superintendent or the Board President, as the case may be,
to give every member of the Board twenty-four hours' notice of the time, place and purpose of the
meeting. All special meetings shall be held at a regular meeting place of the Board and/or in
accordance with provisions of the Open Meetings Law as may be applicable.
In an emergency, the twenty-four hour notice may be waived by having each Board member sign
a waiver-of-notice form.
Public notice of the time and place shall be given, to the extent practicable, to the news media
and shall be conspicuously posted in one or more designated public locations at a reasonable time
prior to the meeting.
Public Officers Law Sections 103 and 104
NOTE:
Refer also to Policy #1510 – Regular Board Meetings
Adopted: 3/12/02
2002
1610
By-Laws
SUBJECT:
ANNUAL DISTRICT MEETING AND ELECTION/BUDGET VOTE
Pursuant to law, the Annual District Meeting and Election/Budget Vote for the School District
will be held on the third Tuesday in May. At this time, the District's registered voters will elect
members of the Board of Education and will also vote on the District Budget for the upcoming school
year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the
School Board may petition the Commissioner of Education to obtain permission to hold the Annual
Meeting and Election/Budget Vote on the second Tuesday in May. Such request from the Board of
Education must be certified and received by the Commissioner no later than March 1st.
The District Clerk shall give notice of the time and place of holding the Annual Meeting and
Election/Budget Vote by publishing such notice four (4) times within seven (7) weeks preceding the
meeting. The first publication of the notice must be at least forty-five (45) days prior to the meeting.
Such notice must appear in two, if there are two, newspapers which have a general circulation within
the District, or one newspaper, if there is one newspaper with a general circulation within the District.
The notice shall also contain such other information as required by law.
Copies of the proposed annual operating budget for the succeeding year to be voted upon at the
Annual Meeting and Election shall be available to District residents, on request, in each District school
building during certain designated hours on each day other than a Saturday, Sunday or holiday during
the fourteen (14) days preceding such Annual Meeting. The availability of this budget information
shall be included in a legal notice of the Annual Meeting; and such copies of the proposed budget will
also be available to District residents at the time of the Annual Meeting and Election.
Annual Meeting (Election and Budget Vote)
Education Law Sections 1804(4), 1906(1),
2002(1), 2017(5) and (6), 2022(1), and 2601-a(2)
Notice
Education Law Sections 1608(2), 1716(2),
2003(1), 2004(1), and 2601-a(2)
NOTE:
Refer also to Policy #5160 -- Absentee Ballots
Adopted: 3/12/02
2002
1611
By-Laws
SUBJECT:
BUSINESS OF THE ANNUAL DISTRICT ELECTION
The Board of Education will appoint a qualified voter as chairperson of the Annual District
Meeting and Election/Budget Vote.
The chairperson will call the Annual District Meeting to order and proceed to the following order
of business:
a)
Designation of District Clerk as clerk of the election and assistant clerks;
b)
Designation of tellers and/or inspectors of election as previously appointed by the Board;
c)
Reading of notice of call of the election by the Clerk;
d)
Opening of the booths for voting;
e)
Closing of the booths;
f)
Receiving the report of the Clerk of the results of the elections;
g)
Adjournment.
Education Law Sections 1716 and 2025
Adopted: 3/12/02
2002
1620
By-Laws
SUBJECT:
ANNUAL ORGANIZATIONAL MEETING
The Annual Organizational Meeting of the Board of Education shall be held on the first Tuesday
in July of each year, unless that day is a legal holiday, in which event it shall be held on the first
Wednesday in July.
The Board may pass a resolution, however, to hold its Annual Organizational Meeting at any
time during the first fifteen (15) days of July.
Education Law Section 1707
Adopted: 3/12/02
2002
1710
By-Laws
SUBJECT:
QUORUM
The quorum for any meeting of the Board shall be five (5) members. No formal action shall be
taken at any meeting at which a quorum is not present. When only a quorum exists, the Board shall
act by unanimous vote unless otherwise required by the laws of the State of New York.
General Construction Law Section 41
Adopted: 3/12/02
2002
1720
By-Laws
SUBJECT:
MINUTES
The minutes are a legal record of the activities of the School Board as a public corporation
having the specified legal purpose of maintaining public schools. The minutes of all meetings shall be
kept by the Clerk or, in his/her absence, by the Superintendent or his/her designee. The minutes shall
be complete and accurate and stored in a minutes file. However, minutes of executive sessions need
not include any matter which is not required to be made public by the Freedom of Information Law.
The minutes of each meeting of the Board of Education shall state:
a)
The type of meeting;
b)
The date, time of convening, and adjournment;
c)
Board members present and absent;
d)
Board members' arrival and departure time, if different from opening or adjournment times;
e)
All action taken by the Board, with evidence of those voting in the affirmative and the
negative, and those abstaining;
f)
The nature of events that transpire, in general terms of reference.
Communications and other documents that are too long and bulky to be included in the minutes
shall be referred to in the minutes and shall be filed in the District Office.
All Board minutes shall be signed by the District Clerk when approved and stored in a locked
room or locked file cabinet. Unless otherwise provided by law, minutes shall be available to the
public within two (2) weeks following the date of a meeting; draft copies, so marked, are acceptable,
subject to correction. Minutes of executive sessions shall be available to the public within one (1)
week of the date of the executive session.
Public Officers Law Section 106
Adopted: 3/12/02
2002
1730
By-Laws
SUBJECT:
EXECUTIVE SESSIONS
Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion
identifying the area or areas of the subject or subjects to be considered, the Board of Education may
conduct an executive session for discussion of the below enumerated purposes only, provided,
however, that no action by formal vote shall be taken except on a 3020-a probable cause finding. For
all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in
the minutes of the meeting.
a)
Matters that will imperil the public safety if disclosed;
b)
Any matter that may disclose the identity of a law enforcement agent or informer;
c)
Information relating to current or future investigation or prosecution of a criminal offense
that would imperil effective law enforcement if disclosed;
d)
Discussions regarding proposed, pending or current litigation;
e)
Collective negotiations pursuant to Article 14 of the Civil Service Law;
f)
Medical, financial, credit or employment history of any particular person or corporation, or
matters leading to the appointment, employment, promotion, demotion, discipline,
suspension, dismissal or removal of any particular person or corporation;
g)
Preparation, grading or administration of examinations;
h)
Proposed acquisition, sale or lease of real property or the proposed acquisition of securities,
or sale or exchange of securities, but only when publicity would substantially affect the
value thereof.
Matters discussed in executive sessions must be treated as confidential; that is, never discussed
outside of that executive session.
Public Officers Law Article 7
Education Law Section 3020-a
Adopted: 3/12/02
2005
2000
Internal Operations
Auburn Enlarged City School District
NUMBER
INTERNAL OPERATIONS
1.1 Orienting New Board Members ................................................................................. 2110
1.2 Use of Parliamentary Procedure ................................................................................ 2120
BOARD OF EDUCATION COMMITTEES
2.1 Committees of the Board ........................................................................................... 2210
BOARD OF EDUCATION ACTIVITIES
3.1 Membership in Associations ...................................................................................... 2310
3.2 Attendance by Board Members at Conferences, Conventions and Workshops ........2320
3.3 Compensation and Expenses ..................................................................................... 2330
3.4 Board Self-Evaluation................................................................................................ 2340
2002
2110
Internal Operations
SUBJECT:
ORIENTING NEW BOARD MEMBERS
The Board and its staff shall assist each new member-elect to understand the Board's functions,
policies, and procedures before he/she takes office, by the following methods:
a)
The electee shall be given selected material on the job of being part of the Board, which
material is supplied by the New York State School Boards Association, the National
School Boards Association, and/or other professional organizations;
b)
The electee shall be invited to attend Board meetings and to participate in its discussions;
c)
The Clerk shall supply material pertinent to meetings and shall explain its use;
d)
The electee shall be invited to meet with the Superintendent and other administrative
personnel to discuss services they perform for the Board;
e)
A copy of the Board's policies, by-laws, goals and objectives shall be given to the electee
by the Clerk;
f)
The opportunity shall be provided for new Board members to attend orientation programs
sponsored by organizations for boards of education.
Adopted: 4/9/02
2002
2120
Internal Operations
SUBJECT:
USE OF PARLIAMENTARY PROCEDURE
The business of the Board of Education shall be conducted in accordance with the authoritative
principles of parliamentary procedure as found in the latest edition of Robert's Rules of Order.
Commissioner's Decision Numbers 8018 and 8873
General Construction Law Section 41
Adopted: 4/9/02
2002
2210
Internal Operations
SUBJECT:
COMMITTEES OF THE BOARD
The Board and/or the President of the Board may at its discretion establish committees for the
purpose of undertaking a specific task in connection with Board activity. These committees, however,
cannot make legal decisions for the entire Board.
At the request of the Board, the President shall appoint temporary committees consisting of
fewer than the full membership for special purposes. These committees shall be discharged on the
completion of their assignment. The President of the Board shall be an ex-officio member of such
committees.
Any Board member may be allowed to attend any committee meeting regardless of whether the
Board member has been appointed to the convening committee. An attending Board Member who is
not part of the appointed committee may attend in the same way as any other public person.
Attendance during committee meetings does not imply active participation and does not include
presence during a committee’s executive session where such a session is held.
The Board of Education recognizes that it may be necessary from time to time to authorize
advisory committees for the purpose of enlisting opinions and counsel of the general public. Such
committees shall be appointed by the Board of Education.
Each committee shall be responsible to keep minutes of each meeting. Minutes will be filed
with the Board Clerk within two weeks of meeting, and copies shall be provided to the President of the
Board, to members of the committee, the Board, and to the Superintendent.
Visitation Committees
Members of the Board shall visit schools within the District at least twice per year and will share
observations about conditions or programs with the whole Board.
Education Law Section 1708
Adopted: 4/9/2002
Amended: 3/27/2007
2002
2310
Internal Operations
SUBJECT:
MEMBERSHIP IN ASSOCIATIONS
The School may maintain membership and participate cooperatively in New York State and the
Central New York School Boards Associations. Additionally, the Board may maintain membership
and participate cooperatively in other associations for the purpose of devising practical ways of
obtaining greater economy and efficiency in school district affairs and projects.
Education Law Section 1618
Comptroller's Opinion 81-255
Adopted: 4/9/02
2002
2320
Internal Operations
SUBJECT:
ATTENDANCE BY BOARD MEMBERS AT CONFERENCES,
CONVENTIONS AND WORKSHOPS
The Board believes that continuing in-service training and development are important for its
members. The Board, therefore, encourages the participation of all members at appropriate school
board conferences, conventions and workshops which are believed to be of benefit to the School
District. However, in order to control both the investment of time and funds necessary to implement
this policy, the Board establishes the following guidelines:
a)
A calendar of school board conferences, conventions and workshops shall be maintained
by the Board Clerk. The Board will periodically decide which meetings appear to be most
likely to produce direct and indirect benefits to the School District. At least annually, the
Board will identify those new ideas or procedures and/or cost benefits that can be ascribed
to participation at such meetings.
b)
Funds for participation at such conferences, conventions, workshops and the like will be
budgeted for on an annual basis. When funds are limited, the Board will designate which
members are to participate at a given meeting.
c)
Reimbursement to Board members for all actual and necessary registration fees, expenses
of travel, meals and lodging, and all necessary tuition fees incurred in connection with
attendance at conferences and the like will be in accordance with established regulations
for expense reimbursement.
d)
When a conference, convention or workshop is not attended by the full Board, those who
do participate will be requested to share information, recommendations and materials
acquired at the meeting.
The authorization for Board members to attend a conference, convention, workshop and the like
shall be by Board resolution adopted prior to such attendance. However, the Board, in its discretion,
may delegate the power to authorize attendance at such conferences to the President of the Board of
Education.
Where authorization has been delegated to the President of the Board, no expense or claim form
shall be paid unless a travel order or similar document signed by the President is attached to such
form, authorizing the claimant to attend the conference.
General Municipal Law Sections 77-b and 77-c
Education Law Section 2118
Adopted: 4/9/02
2002
2330
Internal Operations
SUBJECT:
COMPENSATION AND EXPENSES
No member of the Board may receive any compensation for his/her services unless he/she shall
also serve as District Clerk and be paid as Clerk. All members of the Board of Education may be
reimbursed for actual expenses incurred in representing the District. All bills or claims for
reimbursement must be itemized in reasonable detail.
Members of the Board of Education shall be reimbursed for authorized expenses incurred by
attending meetings, workshops and conventions which are held outside the Enlarged City School
District of Auburn in discharge of their duties as members of the Board of Education.
Members of the Board of Education shall be reimbursed for such expenses incurred when
attending meetings within the District if such meetings involve other school boards and/or school
board associations and/or members of other governmental units (i.e., Cayuga County School Boards
Association Meetings with State and Federal Legislators).
Education Law Section 2118
General Municipal Law Section 77-b
Adopted: 4/9/02
2002
2340
Internal Operations
SUBJECT:
BOARD SELF-EVALUATION
The Board shall review the effectiveness of its internal operations at least once annually and will
formulate a plan for improving its performance.
The Superintendent and others who work regularly with the Board may be asked to participate in
this review and to suggest ways by which the Board can improve its functioning as a legislative body.
Adopted: 4/9/02
2005
3000
Community Relations
Auburn Enlarged City School District
NUMBER
SCHOOL COMMUNITY RELATIONS
1.1 Public Information .....................................................................................................3110
1.2 Relations with the Municipal Governments .............................................................. 3120
1.3 Senior Citizens ........................................................................................................... 3130
1.4 Flag Display ............................................................................................................... 3140
1.5 School Volunteers ......................................................................................................3150
1.6 Naming of District’s Schools, Rooms, and Sites ....................................................... 3160
PARTICIPATION BY THE PUBLIC
2.1 Visitors to the School.................................................................................................3210
2.2 Public Expression at Meetings ................................................................................... 3220
2.2.1
Public Hearings .............................................................................................. 3221
2.3 Public Complaints ......................................................................................................3230
2.3.1 Title I Complaint/Appeals ................................................................................ 3231
2.4 Student Participation ..................................................................................................3240
2.5 Parent-Teacher Association; Organization; Partnership ............................................ 3250
2.6 Booster Clubs ............................................................................................................. 3260
2.7 Solicitations
2.7.1
Solicitation of Charitable Donations From School Children ......................... 3271
2.7.2
Advertising in the Schools ............................................................................. 3272
2.7.3
Soliciting Funds From School Personnel ...................................................... 3273
2.8 Community Use of School Facilities, Materials and Equipment............................... 3280
2005
O
N
T
E
N
T
S
3000
Community Relations
NUMBER
PARTICIPATION BY THE PUBLIC (Cont’d.)
2.9 Operation of Motor-Driven Vehicles on District Property ........................................3290
DISTRICT RECORDS
3.1 Public Access to Records ........................................................................................... 3310
3.2 Confidentiality of Computerized Information ........................................................... 3320
PUBLIC ORDER ON SCHOOL PROPERTY
4.1 Code of Conduct on School Property ........................................................................3410
4.1.1
Unlawful Possession of a Weapon Upon School Grounds ............................ 3411
4.1.2
Threats of Violence in School .......................................................................3412
4.2 Non-Discrimination and Anti-Harassment in the School District ............................. 3420
4.3 Violent Incident Reporting System ........................................................................... 3430
4.4 Emergency Closings ..................................................................................................3440
2002
3110
1 of 2
Community Relations
SUBJECT:
PUBLIC INFORMATION POLICY
Introduction
The Auburn Enlarged City School District (The District) actively pursues consistent communication
between the schools and the community, with the intent to promote effective school/home/community
partnerships.
The District recognizes that citizens have a right to know what is occurring in their public school
system, and that citizens receive all information, whether supportive or critical, directly from the
district itself.
Therefore, the District will:
1.
Maintain effective communication between the District and the community.
2.
Disseminate accurate, timely information about school policies, programs, procedures,
achievements, decisions and critical issues.
3.
Provide timely interpretation of decisions and actions, and proactively clarify
misunderstanding and misinformation.
4.
Encourage district staff to share in the responsibility for communication of policies and
programs with the community.
5.
Maintain an effective working relationship with the news media.
Dissemination of Information
The District desires to work cooperatively with all parent/community groups and the media.
District Spokespersons
The Superintendent is the official spokesperson for the District and has the primary responsibility for
official dissemination of all information concerning the District to the news media. Except for
statements made by the Superintendent or his designate, no employee of the District, other than the
Superintendent, shall purport to represent the official point of view of the school system in public
communications.
The Board President is the spokesperson for the Board when the Board is making a statement on an
issue. No individual member of the Board will speak for, or in the name of, the Board unless by
explicit direction of the Board. Other Board Members may be asked by the Board President or
Superintendent to speak to the media on a case-by-case basis when appropriate. Board members
should emphasize to the media when asked to speak as a Board member that they can only speak as
private citizens unless they have been empowered by the Board to speak on the Board's behalf.
(Continued)
2002
3110
2 of 2
Community Relations
SUBJECT:
PUBLIC INFORMATION POLICY (Con’t)
To minimize misunderstanding, and provide accurate, comprehensive information about the School
District, the Superintendent will coordinate all of the District's communication and media efforts,
specifically:
1.
All media coverage of the District, including commercial and cable TV, radio and print.
2.
All documents relating to District news conferences, press releases and
parent/community information.
3.
All inquiries relating to duties and qualifications of professional staff.
4.
All inquiries relating to student information, including academic, behavior and/or
family matters.
5.
All parent/community, business and governmental information directives and reports.
Privacy and News Media Coverage for Students
At the beginning of each school year, the "media approval release" clause will be provided to
each parent or guardian for signature. Those parents or guardians who sign the media clause are
allowing their child or children to be photographed and interviewed for that school year. Parents who
do not sign the media clause indicate that they do not want their child or children interviewed,
photographed or named in any media release. Schools will maintain this release until the end of the
school year.
The District will cooperate with the media when they are covering school sponsored activities.
Reporters and photographers may, following approval from the Superintendent's Office, report on or
photograph any activity or program, providing there is no disruption of the activity or educational
process, and a proper parental release is secured.
Adopted:
Amended:
11/26/2002
12/09/2008
2002
3120
Community Relations
SUBJECT:
RELATIONS WITH THE MUNICIPAL GOVERNMENTS
It is the policy of the Board to establish and maintain a positive working relationship with the
governing bodies of the municipality. The Board shall also cooperate with municipal, county and state
agencies whose work affects the welfare of the children of the District, including the County Social
Service Department, the Board of Health, the Recreation Department, the Public Library, and all
community emergency service agencies.
Adopted: 11/26/02
2002
3130
Community Relations
SUBJECT:
SENIOR CITIZENS
The Board of Education will consider school related programs for senior citizens in accordance
with Education Law and/or regulations of the Commissioner of Education. Such programs include
special use of school buses, school lunches and partial tax exemptions.
Education Law Sections 1502 and 1709(22)
Real Property Tax Law Section 467
Adopted: 11/26/02
2002
3140
Community Relations
SUBJECT:
FLAG DISPLAY
In keeping with State Education Law and Executive Law, the Board of Education accepts its
duty to display the United States flag upon or near each public school building during school hours,
weather permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the
death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent's approval
shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for
seeking such approval shall be established in the Administrative Manual of the District.
Education Law Sections 418 and 419
Executive Law Sections 402 and 403
Adopted: 11/26/02
2002
3150
Community Relations
SUBJECT:
SCHOOL VOLUNTEERS
The Board of Education recognizes that the use of volunteers strengthens school/community
relations through positive participation; builds an understanding of school programs among interested
citizens; and, assists employees in providing more individualization and enrichment opportunities in
instruction.
Volunteers may come from all backgrounds and age groups and may include any persons willing
to give their time for the purpose of helping children through planned auxiliary service. Volunteers may
be involved in many facts of school operations, from mentor/tutor relationships to clerical tasks. School
personnel who are responsible for tasks or projects that will make use of volunteers will identify
appropriate tasks and time schedules for such activities, as well as make provisions for adequate
supervision, inservice programs, and evaluation. Volunteers will not be used to provide transportation
for school-sponsored activities
Services of volunteers may be accepted by the Board, the Superintendent of Schools, Central
Office Administrators, Building Principal or persons designated by the board and/or the Superintendent
to handle this responsibility. All volunteers may be subject to the same screening procedures used for
regular school employees, including but not limited to the following:
a)
Volunteers will be required to provide references, who will be contacted before the
volunteer begins services on school grounds.
b)
The District reserves the right to request information on previous criminal convictions.
c)
The District reserves the right to investigate each applicant through the New York child
abuse register.
The District will maintain complete records of any information obtained through any of the above
procedures.
Administrative regulations will be developed to implement the terms of this policy.
Volunteer Protection Act of 1997,
42 United States Code (USC) Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18
NOTE:
Refer also to Policy #6540 -- Defense and Indemnification of Board Members and
Employees.
Adopted: 11/26/02
2012
3150R
Community Relations
SUBJECT:
SCHOOL VOLUNTEERS
A school volunteer is defined as a non-paid person who assists District staff, including but not
limited to instructional personnel, in curricular, co-curricular, or extracurricular programs. A volunteer
is a person who offers to provide assistance or service of his/her own free will without legal
obligations.
General Guidelines
1)
Use of volunteers shall not conflict with or replace any duly appointed and/or authorized District
personnel or the duties/job responsibilities of such personnel. Any information gained through
volunteering must be held in strict confidence with the Principal/designee assuring that the
volunteer has no access to confidential student or personnel data unless as designated by a school
official in accordance with the Family Educational Rights and Privacy Act (FERPA).
2)
Volunteers may assist on an occasional or regularly scheduled basis, yet, may not teach or
provide the initial instruction for accomplishing educational objectives; but may reinforce skills
taught by the professional staff.
3)
Volunteers may not provide transportation to students in their personal automobiles for any
school-sponsored activities.
4)
Volunteers may not be assigned the responsibility for disciplining students but may assist the
teacher in maintaining proper behavior of students and report behavioral problems to the teacher.
5)
Volunteers may not supervise a class in the absence of the teacher.
6)
Volunteers are not to contact parents regarding the performance of students or write comments on
any papers/school work sent home.
7)
The need for volunteers will be determined by the Principal and other personnel.
8)
All regularly scheduled volunteers will complete an application, provide authorization for a
reference check, and shall be screened and/or interviewed by the Building Principal or his/her
designee. An application shall be filled out by each prospective volunteer and upon approval by
the building principal/administrator shall be forwarded to the District Office for evaluation.
9)
The Superintendent retains the right to approve or reject any volunteer applications submitted for
consideration. Upon approval by the Superintendent volunteers must be approved by the Board of
Education.
AUBURN ENLARGED CITY SCHOOL DISTRICT
3150F
Application for Volunteers
PERSONAL INFORMATION
Date
Social Security Number
Name
Last
Address
First
Street
Middle
City
Phone Number
State
/
Home
Zip Code
Work
GENERAL
HAVE YOU EVER BEEN CONVICTED OF VIOLATING ANY LAW (EXCEPT TRAFFIC VIOLATIONS)? Yes
No
If yes, attach summary of details. Disclosure of a criminal record does not automatically disqualify you from
volunteer consideration. Your case will be judged on its own merits.
Do you have any physical, mental or medical impairment which would interfere with your ability to perform
the job for which you are applying?
Yes
No
If any, please explain:
What volunteer services are you willing to perform?
EMPLOYER
List below your current or last employer.
Date - Month and
Name and Address of Employer
Year
From
Position
To
REFERENCES
List below three persons not related to you, whom you have known at least a year.
Name
Address
Phone #
Years
Acquainted
EMERGENCY INFORMATION
In case of emergency, please notify:
Name
Address
AUTHORIZATION
I authorize investigation on all statements contained in this application.
Date
Phone Number
Signature
DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY
Reviewed by Building Principal
Date
Remarks:
Central Office Use Only
Approved
Denied
2003
3160
Community Relations
SUBJECT:
NAMING OF DISTRICT'S SCHOOLS, ROOMS, AND SITES
The Board of Education has the responsibility to approve the naming or re-naming of its
buildings, rooms, or other sites within the District.
Factors to consider in the naming of a building, a room, or a site will include:
a)
A specific connection between the community served and the school district residence.
When there is no specific connection to the community, the nominee should be an
exemplary symbol of leadership and character;
b)
Meritorious, extraordinary, and enduring service to the District's students, parents, and
staff;
c)
Outstanding qualities of character or leadership; and
d)
Contributions to the community.
A process for nominations will include:
a)
The building, room, or site to be named;
b)
Notice of a closing date for nominations to be made for the Board's consideration;
c)
Selection of a panel by the Board to review nominations prior to a recommendation to the
entire board. Membership should include parent organization(s), student organization(s),
and teacher(s) associated with the building or site; and
d)
The Superintendent or his/her designee will serve as a non-voting chair of the panel.
When a school or a facility is closed, the Board reserves the right to retire the name or to
preserve it for use in the future.
Adopted: 10/14/2003
2002
3210
Community Relations
SUBJECT:
VISITORS TO THE SCHOOL
All visitors shall be required to report to the main office upon arrival at school and state their
business. Visitations to classrooms for any purpose require permission in advance from the building
principal in order to allow teachers the opportunity to arrange their schedules to accommodate such
requests.
When individual Board members visit the schools, they must abide by the regulations and
procedures developed by the administration regarding school visits.
Education Law Section 2801
Penal Law Sections 140.10 and 240.35
Adopted: 11/26/02
2002
3220
Community Relations
SUBJECT:
PUBLIC EXPRESSION AT MEETINGS
All meetings of the Board shall be conducted in public, and the public has the right to attend all
such meetings. Public expression at such meetings shall be encouraged. A specific portion of the
agenda shall provide for this privilege. At its discretion, the Board may invite visitors to its meetings
to participate in the Board's discussion of matters on the agenda.
The Board of Education provides a maximum of 30 minutes at this time for public participation.
Any resident of the Auburn Enlarged City School District is welcome to address the Board of
Education on items pertaining to the education and/or the operation of the School District.
There will be time provided on the agenda at this point. Any resident wishing to address the
Board of Education is requested to come forward to the lectern on being recognized and to give his/her
name and address. Questions relating to employees of the District will not be permitted; such
questions should be referred to the Superintendent at another time. Residents have been asked to sign
in at the lectern and are limited to one presentation of three (3) minutes or less.
The Board of Education shall take the appropriate time to consider any necessary response in a
timely fashion. District employees and students are encouraged to follow established channels for
complaints/grievances prior to addressing the Board. Non-residents who wish to address the Board
directly shall do so in writing. All such communications should be addressed to the District Clerk for
presentation to the Board at the next scheduled meeting.
The President is responsible for the orderly conduct of the meeting and shall rule on such matters
as the time to be allowed for public discussions, the appropriateness of the subject being presented,
and suitability of the time for such a presentation.
The Board of Education reserves the right to enter into executive session as specified in Policy
#1730.
Adopted: 11/26/02
2002
3221
Community Relations
SUBJECT:
PUBLIC HEARINGS
The following guidelines shall be followed whenever large delegations come before the Board
regarding a District issue:
a)
Position of the Board Stated:
After the meeting has been officially opened, the President of the Board shall briefly state
the position of the Board on the issue. If official action on the issue has not as yet been
taken, the President may so state and may summarize briefly the arguments for and against
the issue to be decided. Other members of the Board may also be heard at this time.
b)
Public Expression:
The Clerk of the Board shall secure the names of all those persons wishing to be heard
before the Board. Those desiring to speak shall indicate whether they are in favor of or
against the issue involved. The president may set a limit of two (2) minutes and may then
grant an addition of three (3) minutes, if so required.
Adopted: 11/26/02
2002
3230
Community Relations
SUBJECT: PUBLIC COMPLAINTS
Complaints by Citizens
Complaints by citizens regarding any facet of the District school operation often can be handled more
satisfactorily by the administrative officer in charge of the unit closest to the source of the complaint.
In most instances, complaints will be made to the building Principal and/or his/her assistant, if the
verbal complaint cannot be resolved by the teacher, coach, or other school building or district level
employee.
If the verbal complaint is not resolved at the unit level, the following steps will be taken:
The complaint will be submitted in writing to the District Clerk. The District Clerk will
maintain a complaint log and will contact the sender within five days of the receipt.
Within 10 days of the receipt of the complaint by the District Clerk, the Superintendent of the
District, or designee, will review the submitted complaint, and will contact the sender,
outlining steps which will be taken regarding the particulars of the complaint.
The Superintendent will oversee a resolution of the issues cited in the complaint. If the
resolution attempts are not successful, the Superintendent will present to the Board of
Education a summary of the complaint and attempts to resolve the complaint.
The Board of Education will have the right to review all the information gathered by the
District during the complaint process. The district leadership team, comprised of the
Superintendent and the Board President and Vice President, will act accordingly to resolve the
issues of the complaint in a reasonable period of time. The resolution will be recorded by the
District Clerk and all involved parties will be copied in the resolution.
It shall be the responsibility of the Superintendent to prepare procedures, as may be needed within this
policy, to channel the complaints so that they may be properly reviewed and acted upon.
Anonymous complaints will be investigated to the best of one’s ability.
The complaint policy will be reviewed annually by the district leadership team.
Adopted: 11/26/2002
Amended: 08/25/2009
Amended: 11/15/2011
2002
3230 F
1 of 2
Community Relations
The Complaint/Response Procedure is one attempt by the District to ensure a positive
school environment which demonstrates respectfulness and ensures safety for all of its
children and adults. Individuals who feel that a circumstance exists which detracts from the
District’s or the building’s integrity should follow these steps:
1)
Fill out the “Complaint / Response” form available at the main office and complete all
sections.
2)
Make a copy of the District Complaint Form (or formal complaint letter in writing)
and leave the original with the District Clerk, 78 Thornton Avenue, Auburn, NY
13021. (See the second paragraph on the first page).
3)
Expect a response of receipt from the District Clerk within five (5) school days, and a
response from the Superintendent outlining steps which will be taken regarding the
particulars o the complaint within ten (10) school days.
For convenient reference the building administrators are:
Casey Park Elem. School
Ronald Gorney
255-8764
Owasco Elementary School
Deborah Carey
255-8724
Auburn High School
Brian Morgan
255-8305
Revised 8/17/2012
Genesee Elementary School
Christian Maher
255-8644
Herman Ave. Elem. School
Cynthia Lattimore
255-8684
Seward Elementary School
JoAnn Wixson
255-8604
Auburn Junior High School
David Oliver
255-8484
Superintendent of Schools
Constance D. Evelyn
255-8835
2002
3230 F
2 of 2
Community Relations
Auburn Enlarged City School District
COMPLAINT / RESPONSE PROCEDURE
Students, Parents, or Community members shall have the opportunity to present their concerns free
from interference, coercion, restraint, discrimination, or reprisal. The “Complaint / Response
Procedure” exists for the purpose of bringing forward topics or complaints which have been set aside
for some reason.
Complaints by citizens regarding any facet of the school operation often can be handled more
satisfactorily by the administrator in charge of the building and closest to the source of the complaint.
If the complaint and related concerns are not resolved at this level to the satisfaction of the
complainant, the complaint may then be carried to the District Clerk who will forward it to the
Superintendent and/or one of his/her assistants. If the complaint and related concerns are not resolved
at the Superintendent level to the satisfaction of the complainant, the complaint may be then carried to
the Board of Education.
For a matter to be considered, all aspects of this report should be completed. The sender can expect
acknowledgment of the issue within five (5) school days and a decision within ten (10) school days. If
more time is needed, the school will provide a specific date to meet the concern.
Date of Request:
Name:
Request Given To:
Phone #:
District Clerk
Description of the circumstance, problem, or complaint:
Signature
Response to the circumstance, problem, or complaint:
Signature
Date of Response:
Copy to Supervisor:
Copy to:
Parent / Student / Community Member
Matter Resolved:
Yes
No
2009
3231
Community Relations
SUBJECT: TITLE I COMPLAINTS/APPEALS
Written complaints and appeal procedures for Title I, Parts A, C, and D or section 100.2(ee) of
Commissioner’s Regulations regarding academic intervention services are the following:
All complaints must be written; signed by the person or agency representative filing the
complaint; specify the requirement of law or regulation being violated and the related issue,
problem, and/or concern; contain information/evidence supporting the complaint; and state the
nature of the correction action desired.
Complaints will follow the district’s formal complaint/response procedure under public
complaints for tracking purposes; the District’s Program Manager for Title I shall conduct the
review of complaints or appeals.
In addition to filing the complaint with the District, a copy of the complaint/appeals regarding
Title I should be sent to:
New York State Education Department
Title I School & Community Services Office
Room 365 EBA
89 Washington Avenue
Albany, NY 12234
An appeal must be requested and postmarked within 20 business days of receipt of the
District’s response to the original complaint.
34 CFR Sections 299.10-299.12
USC 1221e-3(a)(1), 8895
Academic Intervention Services of the Regulations of the Commissioner Section 100.2
Adopted: 4/22/2009
2002
3240
Community Relations
SUBJECT:
STUDENT PARTICIPATION
Students provide an important channel of communication with parents and the entire community.
Information concerning the schools may be properly disseminated through students. The School
District's administrators shall review all messages and materials prior to authorizing their dispersal
through the student body.
Adopted: 11/26/02
2002
3250
Community Relations
SUBJECT:
PARENT-TEACHER ASSOCIATION; ORGANIZATION; PARTNERSHIP
There are various Parent-Teacher membership group names, the most widely known are ParentTeacher Associations (PTA); Parent-Teacher Organizations (PTO); and Parent-Teacher Partnerships
(PTP). All agree on the common interest to develop a united effort between educators and the general
public to secure for every child the highest achievement in physical, academic and social education.
The Board of Education recognizes the goal of such membership groups and therefore
encourages staff members and parents to join and participate actively in its programs.
The following guidelines have been developed for such membership groups
1. Operate as a self-governing body
2. Plan programs and activities to meet child and community needs
3. Work at school site, at home, and in the community for all children
4. Ensure confidentiality at all times regarding student information and comply with the Family
Educational Rights and Privacy Act (FERPA)
5. Comply with Internal Revenue Service regulations and be identified by a unique taxpayer
identification number.
6. Be aware of all Board policies or administrative regulations and operate within those policies
and regulations.
7. Maintain financial records and make available, upon request, for Board and/or public
inspection;
8. Obtain approval for fund raising activities in advance by the Superintendent or designee; and
9. Accept contributions according to the District's policy and regulations regarding the
acceptance of gifts.
The Board of Education does not assume any financial responsibility for a Parent-Teacher
membership group and excludes itself from any liability the group may incur.
Adopted: 11/26/2002
Amended: 02/27/2007
2002
3260
Community Relations
SUBJECT:
BOOSTER CLUBS
Booster clubs or other related organizations may be created to promote community support and to
raise funds for specific school activities or programs. These groups must receive official
Board approval and may not discriminate on the basis of sex, color, national origin, ethnic
background, disability, religion or any other arbitrary criteria.
Rules and regulations will be established to govern the activities of booster clubs and other
related organizations. The Board further requires that:
a)
Financial records be maintained and made available, upon request, for Board and/or public
inspection; and an annual financial audit be performed
b)
Fund raising activities be approved in advance by the Superintendent or designee; and
c)
Groups wishing to make a contribution adhere to the District's policy and regulations
regarding the acceptance of gifts
d) Booster groups must comply with Internal Revenue Service regulations and be identified by
a unique taxpayer identification number.
Violations to District policy or regulations may result in the dissolution of the club or
organization.
The Board of Education does not assume any financial responsibility for a booster group and
excludes itself from any liability a booster group may incur.
Adopted: 11/26/02
Revised: 02/27/2007
2002
3271
Community Relations
SUBJECT:
SOLICITATION OF CHARITABLE DONATIONS FROM SCHOOL
CHILDREN
Direct solicitation of charitable donations from children in the District schools on school
property during regular school hours shall not be permitted. It will be a violation of District policy to
ask District school children directly to contribute money or goods for the benefit of a charity during
the hours in which District students are compelled to be on school premises.
However, this policy does not prevent the following types of fund raising activities:
a)
Fund raising activities which take place off school premises, or outside of regular school
hours during before-school or after-school extracurricular periods;
b)
Arms-length transactions, where the purchaser receives a consideration for his/her
donation. For example, the sale of goods or tickets for concerts or social events, where the
proceeds go to charity, shall not be prohibited as the purchaser will receive consideration the concert or social event - for the funds expended;
c)
Indirect forms of charitable solicitation on school premises that do not involve coercion,
such as placing a bin or collection box in a hallway or other common area for the donation
of food, clothing, other goods or money. However, collection of charitable contributions of
food, clothing, other goods or funds from students in the classroom or homeroom is
prohibited.
Regulations shall be developed by the administration to implement this policy.
8 New York Code of Rules and Regulations
(NYCRR) Section 19.6
New York State Constitution Article VIII, Section 1
Education Law Section 414
NOTE:
Refer also to Policy #7450 -- Fund Raising by Students
Adopted: 11/26/02
2002
3272
Community Relations
SUBJECT:
ADVERTISING IN THE SCHOOLS
Neither the facilities, the staff, nor the students of the School District shall be employed in any
manner for advertising or otherwise promoting the interests of any commercial, political, or other nonschool agency, individual or organization, except that:
a)
Schools may cooperate in furthering the work of any non-profit, community-wide, social
service agency, provided that such cooperation does not restrict or impair the educational
program of the schools or conflict with Section 19.6 of the Rules of the Board of Regents;
b)
The schools may use films or other educational materials bearing only simple mention of
the producing firm;
c)
The Superintendent of Schools may, at his/her discretion, announce or authorize to be
announced, any lecture or other community activity of particular educational merit;
d)
The schools may, upon approval of the Superintendent of Schools, cooperate with any
agency in promoting activities in the general public interest that are non-partisan and noncontroversial, and that promote the education and other best interests of the students.
No materials of a commercial nature shall be distributed through the children in attendance in the
Auburn Enlarged City Schools except as authorized by law or the Commissioner's Regulations.
New York State Constitution
Article 8, Section 1
8 New York Code of Rules and Regulations
(NYCRR) Section 19.6
Adopted: 11/26/02
2002
3273
Community Relations
SUBJECT:
SOLICITING FUNDS FROM SCHOOL PERSONNEL
Soliciting of funds from school personnel by persons or organizations representing public or
private organizations shall be prohibited. The Superintendent of Schools shall have the authority to
make exceptions to this policy in cases where such solicitation is considered to be in the District's best
interest.
Distribution of information about worthwhile area charities may be made through the Office of
the Superintendent of Schools as a service to School District personnel.
Adopted: 11/26/02
2002
3280
1 of 2
Community Relations
SUBJECT:
USE OF SCHOOL FACILITIES, MATERIALS AND EQUIPMENT
School Facilities
It shall be the policy of the Board to encourage the greatest possible use of school facilities for
community-wide activities. This is meant to include use by recognized civic, social and fraternal and
religious organizations in accordance with law. Groups wishing to use the school facilities must secure
written permission from the Superintendent and abide by the rules and regulations established for such
use including restrictions on alcohol, tobacco and drug use. The Superintendent, at his/her discretion,
may consult with the Board of Education. Monthly reports may be made to the Board regarding
community use of the school facilities.
Materials and Equipment
Except when used in connection with or when rented under provisions of Education Law Section
414, school-owned materials or equipment may be used by members of the community or by District
employees and/or students for school related purposes only. Private and/or personal use of schoolowned materials and equipment is strictly prohibited. The loan of equipment and materials for public
purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at
that time for school purposes and that the proposed use will not disrupt normal school operations.
The Board will permit school materials and equipment to be loaned to staff members when such
use is directly or peripherally related to their employment and loaned to students when the material
and equipment is to be used in connection with their studies or extracurricular activities. Community
members will be allowed to use school-owned materials and equipment only for educational purposes
that relate to school operations. The Board will also allow the loan of equipment to local governments
and other entities that benefit the welfare of the surrounding community. The Board supports such
inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly
equipment and resources.
Administrative forms will be used to request the use of school facilities and to assure the lender’s
responsibility for, and return of, all such materials and equipment.
Specific Requirements Relating to Boy Scouts and Other Title 36 Patriotic Youth Groups
The Boy Scouts Act applies to any local educational agency (LEA) that has a designated open
forum or limited public forum and that receives funds made available through the U.S. Department of
Education (DOE). It applies to any group officially affiliated with the Boy Scouts of America or any
other youth group designated in Title 36 of the United States Code as a patriotic society.
This statute provides for the following:
(Continued)
2002
3280
2 of 2
Community Relations
SUBJECT:
a)
USE OF SCHOOL FACILITIES, MATERIALS AND EQUIPMENT (Cont'd.)
No covered entity (elementary school, secondary school or LEA) shall deny equal access or
a fair opportunity to meet, or discriminate against any group affiliated with the Boy Scouts
of America or any other Title 36 patriotic youth group that requests to conduct a meeting
within the covered entity's designated open forum or limited public forum.
1.
A designated open forum exists when the school designates a time and place for one
or more outside youth community groups to meet on school premises or in school
facilities, including during the hours in which attendance at the school is compulsory,
for reasons other than to provide the school's educational program.
2.
A limited public forum exists when the school allows one or more outside youth or
community groups to meet on school premises or in school facilities before or after
the hours during which attendance at the school is compulsory.
b)
No covered entity shall deny access or opportunity or discriminate for reasons including
the membership or leadership criteria or oath of allegiance to God and country of the Boy
Scouts of America or of the Title 36 patriotic youth group.
c)
Access to facilities and the ability to communicate using school-related means of
communication must be provided to any group officially affiliated with the Boy Scouts of
America or any other Title 36 patriotic youth group on terms that are no less favorable than
the most favorable terms provided to other outside youth or community groups.
The statute applies regardless of the entity's authority to make decisions about the use of its own
school facilities. However, no entity is required to sponsor any group officially affiliated with Boy
Scouts or any other Title 36 patriotic youth group.
The obligation to comply with the Boy Scouts Act is not obviated or alleviated by any State or
local law or other requirement.
20 United States Code (USC) Section 7905
36 United States Code (USC) Subtitle II
34 Code of Federal Regulations (CFR) Parts 75, 76 and 108
Education Law Section 414
NY Constitution Article 8
NOTE:
Refer also to Policies #3410 -- Code of Conduct on School Property
#5640 -- Smoking/Tobacco Use
#7320 -- Alcohol, Tobacco, Drugs and Other Substances (Students)
#7410 -- Extracurricular Activities
District Code of Conduct on School Property
Refer to: Form 3280 1F – Building Use
Form 3280 2F – School Owned Materials & Equipment
Adopted: 11/26/2002
Amended: 5/8/2012
Building Use – Type of Event: (please circle)
Athletics
3280 1F
Community Use
Fine Arts
An Agreement Between
School Activity / Meeting
and the Auburn Enlarged City School District
Name of Organization
Date Submitted
Contact Person
Daytime Phone Number
Address
Purpose
E-mail Address
School Building(s) (please circle)
Casey Park
Herman
Avenue
Genesee
Owasco
Auburn
Junior High
Seward
Auburn
High
Harriet
Tubman
Admin Bldg.
Day(s) of The Week (please circle)
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Date & Time Requested: Outside organizations that have been approved to use school facilities, are required to
be out of
the building by 11:00 p.m.
From: ____/____/____ To: ____/____/____
Requested Set-Up Time: Start
Actual Time of Event:
Start
End
End
Please Identify Building Areas Needed:
(Circle)
SPECIFY WHICH PLAYING FIELD(S): ___________________________________________
Setup instructions:
Field Lining
By School District or Requestor
SPECIFY SPECIAL
NEED(S):__________________________________
Please note: If the lighting and sound equipment is
needed, the organization using the building must hire an
experienced person to run it at its expense.
Auditorium
Stage
lighting
Audio or video
monitor
Gym(s) # Specify
at AHS
Dressing
Rooms
Sound
system
Speaker’s
podium
Full or # 1- 2- 3
Cafeteria
Projection
equip.
Library
Music stands
Kitchen
Breakdown Instructions:
Total number of Auburn students participating ________ Total number of participants___________
Total number of spectators____________
Is admission to be charged? __________ Price per ticket ________
If a profit organization, name of non-profit organization to receive proceeds from admission fees
(documentation must be attached to this effect):
Supervision required at expense of Requestor: Yes______ No______
If yes, please describe:
Senior Custodial Offices:
Please contact the senior custodian of requested building two (2) weeks prior to the event:
Auburn High
255-8334
Herman Ave.
Elementary
255-8688
Auburn Junior High
255-8492
Owasco Elementary
255-8723
Casey Park Elementary
255-8763
Seward Elementary
8608
Genesee Elementary
255-8643
We, the undersigned, agree to the following terms and conditions in accordance with the use of buildings and
grounds in the Auburn Enlarged City School District, as per this agreement. We also attest that we have read
and shall abide by the attached policy stipulations:
1. No association or organization is entitled, as a matter of right, to use school facilities, but must apply
in writing and in advance to the discretion of the Board of Education. The Superintendent of
Schools or his designee may grant provisional permission for use of school facilities, pending action
by the Board of Education at its next regular meeting.
2. Organizations must provide an adult, 21 years of age or older, to preserve order, supervise their
functions and also agree to be liable for all costs for injury or damages to persons or property due to
lack of proper and adequate supervision. To this end, the organization will provide a Certificate of
Liability for a minimum amount of $100,000 for non-physical activities and $1,000,000 for physical
activities with the Auburn Enlarged City School District named as an additional insured.
Supervision may incorporate policemen and firemen on location, if necessary. The Superintendent of
Schools, or his designee, shall determine the number of personnel such as firemen, policemen,
custodians, cafeteria workers, etc., which may be required for a particular function or functions.
3. Organization hereby agrees to hold District harmless from all claims and actions for personal injury
or property damage which may arise by reason of organizations use of said premises during this
period and organization further agrees to pay for all costs reasonably incurred in the repair of any
damage to the premises or in the defense of any actions or the settlement of any claims arising
during this period and attributable to organization’s use of the premises.
4. In cases of scheduling conflicts, Auburn Enlarged City School District Events take precedence over a
community rental. Priority for the use of facilities will be as follows:
a. School District Sponsored Activities
b. Local Community Sponsored Groups
c. Other Civic Groups
5. All buildings and grounds, unless otherwise specified shall be left in the same condition in which
they were found.
6. The right to revoke an agreement at any time is reserved by the Board of Education. The
Superintendent may suspend the agreement pending action by the Board of Education at its
subsequent meeting.
7. The rental fees shall be in accordance with the rates established by the Auburn Enlarged City School
District. During after school hours, or when custodians are normally not in the building, or when
the Superintendent or his designee determines additional custodians’ necessary, the organization
hereby agrees to pay for the use of school custodians (and any other district employees) at the rates
established by the Auburn Enlarged City School District.
8. The rates are as appears on the attached fee schedule. Fees for required outside personnel, such as
policemen or firemen, shall be borne by the organization using the school facility.
9. The undersigned have read the attached fee schedule and we agree to abide with such, as well as
with the conditions specified in the fee schedule.
Upon preliminary approval of the use of the building facilities, a security deposit in the amount of
$100.00 made payable to the Auburn Enlarged City School District, a copy of your Certificate of
Insurance, indicating the Auburn Enlarged City School district as an additional insured for a
minimum of $100,000 liability, and a letter documenting all proceeds being forwarded to a non-profit
organization (if applicable) must be forwarded to the District Business Office.
**The organization agrees that payments shall be made within 60 days of the day of billing**
Signature and Title of Representative
Certification of Signature by Another Officer
AUBURN ENLARGED CITY SCHOOL DISTRICT – FEE SCHEDULE
School
Auburn High
Auburn Jr. High
Casey Park
Genesee
Herman
Owasco
Seward
Auditorium
Capacity
935 & 11 Wheelchair Spaces
1153 & 20 Wheelchair Spaces
275 & 5 Wheelchair Spaces
255
249
166 & 7 Wheelchair Spaces
N/A
Auditorium
Fee
$250
200
50
50
50
50
N/A
Gym
Capacity
1140
326
268
136
245
500
720
Gym Fee
$200
$100
$40
$40
$40
$40
$50/use
Cafeteria
Capacity
485
208
112
95
145
246
146
Cafeteria
Fee
$50
$40
$30
$30
$30
$30
$30
In the instance of a gym and cafeteria combination, the word “combo” will appear in the fee column. A double rate will
not be charged in “combo” categories.
REHEARSALS – AUDITORIUMS
Auburn High School
Auburn Junior High School
Elementary School
$40/hour – maximum charge of $120 per use
$40/hour – maximum charge of $120 per use
$30/use
PRACTICE SESSIONS – GYM
High School
Junior High and Elementary w/shower facilities
Elementary w/o shower facilities
$40/hour – maximum of $120/use
$30/use
$25/use
HOLLAND STADIUM – CAPACITY 5200
School Groups
Others
Practice – stadium
Night
$300
$600
$ 40/hour
Day
$125
$200
$ 30
OTHER INDOOR FACILITIES
Classroom
Media Center
Locker Room
Night
$20/hour
$35/hour
$125/use
CUSTODIAL FEE - $43/hour
Based on current CSEA contract for custodian on step 2 of
the salary schedule. Overtime will be charged where applicable.
ATHLETIC FIELDS (per contest prep charge)
First Time Marking:
Cross
Country
$425
Football
$175
Lax Boys
$85
Lax Girls
$125
Baseball
$90
Soccer
$130
Softball
$60
Field
Hockey
$125
Football
$65
Lax Boys
$30
Lax Girls
$50
Baseball
$90
Soccer
$55
Softball
$60
Field
Hockey
$50
Re-Markings:
Cross
Country
$410
Updated: 7/5/2012
3280 2F
AUBURN ENLARGED CITY SCHOOL DISTRICT
PERMISSION FORM FOR AUTHORIZED USE OF
SCHOOL-OWNED MATERIALS AND EQUIPMENT
(i.e., MUSICAL INSTRUMENTS)
Date:
TO:
(Building Principal/Administrator)
Name:
Telephone #:
Address:
Agency/Organization:
I request permission to use the following piece(s) of school-owned materials and/or equipment (i.e.,
musical instruments).
Material/Equipment
School
Model #
Serial #
I shall require use of this material and / or equipment from (date)
to (date)
.
I understand that I assume the responsibility for returning the materials and/or equipment in the same
condition it was borrowed. The community member, employee or student (or his/her parent/guardian)
may be held responsible for the cost of repair or replacement, with the exception of normal wear and
tear, in accordance with applicable law.
*______________________________________
(Signature of Requestor)
*If the request is being made by a student under eighteen (18) years of age, the form is to be signed by
a parent/guardian.
Condition of Material(s)/Equipment at time of Loan:
Approved by:
Date:
Principal / Administrator
Condition of Material(s)/Equipment at time of Return:
Approved by:
Date:
Principal / Administrator
2002
3290
Community Relations
SUBJECT:
OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, allterrain vehicles (ATV's) and other such vehicles is prohibited on any school grounds or areas except
for authorized school functions or purposes.
Student Vehicles on School Property
All student vehicles are to be registered with the high school principal and parked in authorized
areas only.
Students who drive motor vehicles or bicycles onto school property must understand:
a)
The school is not responsible for the vehicle or its contents. Vehicles parked or driven on
school property are done so at the driver's own risk.
b)
Vehicles may be subject to search if there exists reasonable grounds to suspect that drugs,
alcohol, stolen property, or other contraband might be present in the vehicle.
c)
The driver of a vehicle is responsible for the behavior and conduct of all passengers in the
vehicle as well as the vehicle's contents. If a passenger in the vehicle is found to be in
violation of the school's student vehicle policy, the matter will be recorded in the driver's
record and dealt with according to the guidelines developed by the administration.
d)
Removal of Vehicles from District Property:
Any vehicle parked outside of an authorized area, or any vehicle found parked in a parking
field or driveway of the District during a snowstorm, flood, fire or other public emergency,
or any vehicle found unattended in a parking field or driveway of the District where it
constitutes an obstruction to traffic, or any vehicle found abandoned in a parking field or
driveway of the District, or any unauthorized vehicle found parked in a parking field or
driveway of the District during school or business hours shall be removed and stored at the
expense of the owner or operator.
Vehicle and Traffic Law Section 1670
Adopted: 11/26/02
2002
3310
Community Relations
SUBJECT:
PUBLIC ACCESS TO RECORDS
Access to records of the District shall be consistent with the rules and regulations established by
the State Committee on Open Government and shall comply with all the requirements of the New
York State Public Officers Law Section 84 – 90 et seq.
Regulations and procedures pertaining to accessing District records shall be as indicated in the
School District Administrative Manual.
Education Law Section 2116
Public Officers Law Section 84 - 90 et seq.
Adopted:
Amended:
11/26/2002
2/27/2007
2002
3320
Community Relations
SUBJECT:
CONFIDENTIALITY OF COMPUTERIZED INFORMATION
The development of centralized computer banks of educational data gives rise to the question of
the maintenance of confidentiality of such data while still conforming to the New York State Freedom
of Information Law. The safeguarding of confidential data from inappropriate use is essential to the
success of the District's operation. Access to confidential computerized data shall be limited only to
authorized personnel of the School District.
It shall be a violation of the District's policy to release confidential computerized data to any
unauthorized person or agency. Any employee who releases or otherwise makes improper use of such
computerized data shall be subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information
Law and can be retrieved by means of existing computer programs, the District is required to disclose
such information.
Public Officers Law Sections 84 – 90 et seq.
Adopted: 11/26/2002
Amended: 2/27/2007
2002
3410
1 of 5
Community Relations
SUBJECT:
CODE OF CONDUCT ON SCHOOL PROPERTY
The District has developed and will amend, as appropriate, a written Code of Conduct for the
Maintenance of Order on School Property, including school functions, which shall govern the conduct
of students, teachers and other school personnel, as well as visitors and/or vendors. The Board of
Education shall further provide for the enforcement of such Code of Conduct.
For purposes of this policy, and the implemented Code of Conduct, school property means in or
within any building, structure, athletic playing field, playground, parking lot or land contained within
the real property boundary line of the District's elementary or secondary schools, or in or on a school
bus; and a school function shall mean a school-sponsored extracurricular event or activity regardless
of where such event or activity takes place, including those that take place in another state.
The District Code of Conduct has been developed in collaboration with student, teacher,
administrator, and parent organizations, school safety personnel and other school personnel.
The Code of Conduct shall include, at a minimum, the following:
a)
Provisions regarding conduct, dress and language deemed appropriate and acceptable on
school property and at school functions, and conduct, dress and language deemed
unacceptable and inappropriate on school property; provisions regarding acceptable civil
and respectful treatment of teachers, school administrators, other school personnel, students
and visitors on school property and at school functions; the appropriate range of
disciplinary measures which may be imposed for violation of such Code; and the roles of
teachers, administrators, other school personnel, the Board of Education and
parents/persons in parental relation to the student;
b)
Provisions prohibiting discrimination and harassment against any student, by employees or
students on school property or at a school function, that creates a hostile environment by
conduct, with or without physical contact and/or verbal threats, intimidation or abuse, of
such a severe nature that:
1.
Has or would have the effect of unreasonably and substantially interfering with a
student's educational performance, opportunities or benefits, or mental, emotional
and/or physical well-being; or
2.
Reasonably causes or would reasonably be expected to cause a student to fear for
his/her physical safety.
Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a
person's actual or perceived race, color, weight, national origin, ethnic group, religion,
religious practices, disability, sexual orientation, gender as defined in Education Law
Section 11(6), or sex; provided that nothing in this subdivision shall be construed to
prohibit a denial of admission into, or exclusion from, a course of instruction based on a
(Continued)
2002
3410
2 of 5
Community Relations
SUBJECT:
CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
person's gender that would be permissible under Education Law Sections 3201-a or
2854(2) (a) and Title IX of the Education Amendments of 1972 (20 USC Section 1681, et
seq.), or to prohibit, as discrimination based on disability, actions that would be permissible
under 504 of the Rehabilitation Act of 1973;
c)
Standards and procedures to assure security and safety of students and school personnel;
d)
Provisions for the removal from the classroom and from school property, including a
school function, of students and other persons who violate the Code;
e)
Provisions prescribing the period for which a disruptive student may be removed from the
classroom for each incident, provided that no such student shall return to the classroom
until the Principal (or his/her designated School District administrator) makes a final
determination pursuant to Education Law Section 3214(3-a)(c) or the period of removal
expires, whichever is less;
f)
Disciplinary measures to be taken for incidents on school property or at school functions
involving the use of tobacco, the possession or use of illegal substances or weapons, the
use of physical force, vandalism, violation of another student's civil rights, harassment and
threats of violence;
g)
Provisions for responding to acts of discrimination and harassment against students by
employees or students on school property or at a school function pursuant to clause (b) of
this subparagraph;
h)
Provisions for detention, suspension and removal from the classroom of students,
consistent with Education Law Section 3214 and other applicable federal, state and local
laws, including provisions for school authorities to establish procedures to ensure the
provision of continued educational programming and activities for students removed from
the classroom, placed in detention, or suspended from school, which shall include
alternative educational programs appropriate to individual student needs;
i)
Procedures by which violations are reported and determined, and the disciplinary measures
imposed and carried out;
j)
Provisions ensuring the Code of Conduct and its enforcement are in compliance with state
and federal laws relating to students with disabilities;
k)
Provisions setting forth the procedures by which local law enforcement agencies shall be
notified of Code violations which constitute a crime;
(Continued)
2002
3410
3 of 5
Community Relations
SUBJECT:
CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
l)
Provisions setting forth the circumstances under and procedures by which parents/persons
in parental relation to the student shall be notified of Code violations;
m)
Provisions setting forth the circumstances under and procedures by which a complaint in
criminal court, a juvenile delinquency petition or person in need of supervision ("PINS")
petition as defined in Articles 3 and 7 of the Family Court Act will be filed;
n)
Circumstances under and procedures by which referral to appropriate human service
agencies shall be made;
o)
A minimum suspension period for students who repeatedly are substantially disruptive of
the educational process or substantially interfere with the teacher's authority over the
classroom, provided that the suspending authority may reduce such period on a case-bycase basis to be consistent with any other state and federal law. For purposes of this
requirement, as defined in Commissioner's Regulations, "repeatedly is substantially
disruptive of the educational process or substantially interferes with the teacher's authority
over the classroom" shall mean engaging in conduct which results in the removal of the
student from the classroom by teacher(s) pursuant to the provisions of Education Law
Section 3214(3-a) and the provisions set forth in the Code of Conduct on four (4) or more
occasions during a semester, or three (3) or more occasions during a trimester, as
applicable;
p)
A minimum suspension period for acts that would qualify the student to be defined as a
violent student pursuant to Education Law Section 3214(2-a)(a). However, the suspending
authority may reduce the suspension period on a case-by-case basis consistent with any
other state and federal law;
q)
A Bill of Rights and Responsibilities of Students which focuses upon positive student
behavior and a safe and supportive school climate, which shall be written in plainlanguage, publicized and explained in an age-appropriate manner to all students on an
annual basis; and
r)
Guidelines and programs for in-service education programs for all District staff members to
ensure effective implementation of school policy on school conduct and discipline,
including but not limited to, guidelines on promoting a safe and supportive school climate
while discouraging, among other things, discrimination or harassment against students by
students and/or school employees; and including safe and supportive school climate
concepts in the curriculum and classroom management.
(Continued)
2002
3410
4 of 5
Community Relations
SUBJECT:
CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
The District's Code of Conduct shall be adopted by the Board of Education only after at least one
(1) public hearing that provided for the participation of school personnel, parents/persons in parental
relation, students, and any other interested parties.
The Code of Conduct shall be reviewed on an annual basis, and updated as necessary in
accordance with law. The District may establish a committee pursuant to Education Law Section
2801(5)(a) to facilitate review of its Code of Conduct and the District's response to Code of Conduct
violations. The School Board shall reapprove any updated Code of Conduct or adopt revisions only
after at least one (1) public hearing that provides for the participation of school personnel,
parents/persons in parental relation, students, and any other interested parties. The District shall file a
copy of its Code of Conduct and any amendments with the commissioner, in a manner prescribed by
the Commissioner, no later than thirty (30) days after their respective adoptions.
The Board of Education shall ensure community awareness of its Code of Conduct by:
a)
Posting the complete Code of Conduct on the Internet website, if any, including any annual
updates and other amendments to the Code;
b)
Providing copies of a summary of the Code of Conduct to all students in an age-appropriate
version, written in plain language, at a school assembly to be held at the beginning of each
school year;
c)
Providing a plain language summary of the Code of Conduct to all parents or persons in
parental relation to students before the beginning of each school year and making the
summary available thereafter upon request;
d)
Providing each existing teacher with a copy of the complete Code of Conduct and a copy of
any amendments to the Code as soon as practicable following initial adoption or
amendment of the Code. New teachers shall be provided a complete copy of the current
Code upon their employment; and
e)
Making complete copies available for review by students, parents or persons in parental
relation to students, other school staff and other community members.
(Continued)
2002
3410
5 of 5
Community Relations
SUBJECT:
CODE OF CONDUCT ON SCHOOL PROPERTY (Cont'd.)
Privacy Rights
As part of any investigation, the District has the right to search all school property and
equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided
by the District for the use of staff and students, but the users do not have exclusive use of these
locations or equipment and should not expect that materials stored therein will be private.
Education Law Sections 801-a, 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2(l)(2)
NOTE:
Adopted:
Amended:
Amended:
Refer also to District Code of Conduct on School Property
#7310 – School Conduct and Discipline
#7380 – Bullying: Peer Abuse in the Schools
11/26/2002
1/26/2010
6/12/2012
2002
3411
Community Relations
SUBJECT:
UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS
It shall be unlawful for any person to knowingly possess any air-gun, spring-gun or other
instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge upon
school grounds or in any District building without the express written authorization of the
Superintendent or his/her designee.
The term "weapon" means a weapon, device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or bodily injury.
Additionally, the possession of any weapon, as defined in the New York State Penal Code, on
school property or in school buildings is prohibited, except by law enforcement personnel or upon
written authorization of the Superintendent/designee.
Unlawful possession of a weapon upon school grounds may be a violation of the New York State
Penal Law, and is a violation of School District policy and the Student Discipline Code of Conduct.
Penal Law Sections 220.00(14), 265.01, 265.02(4),
265.03, 265.05, and 265.06
NOTE:
Refer also to Policies #7360 -- Weapons in School
#7361 -- Gun-Free Schools
Adopted: 11/26/02
2002
3412
Community Relations
SUBJECT:
THREATS OF VIOLENCE IN SCHOOL
The School District is committed to the prevention of violence against any individual or property
in the schools or at school activities whether such acts and/or threats of violence are made by students,
staff, or others. Threats of violence against students, school personnel and/or school property will not
be tolerated whether or not such threats occur on school grounds or during the school day.
Any acts and/or threats of violence, including bomb threats, whether made orally, in writing, or
by e-mail, shall be subject to appropriate discipline in accordance with applicable law, District policies
and regulations, as well as the Code of Conduct for the Maintenance of Order on School Property and
collective bargaining agreements, as may be necessary.
While acknowledging an individual's constitutional rights, including applicable due process
rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well
being of staff, students and the school environment. Employees and students shall refrain from
engaging threats or physical actions which create a safety hazard for others.
All staff who are made aware of physical acts and/or threats of violence directed to students or
staff are to report such incidents to the building principal/designee, who shall report such occurrences
to the Superintendent. Additionally, the building principal/designee will also report occurrences of
violence, whether involving an actual confrontation or threat of potential violence, to the school
psychologist and/or Director of Special Education if applicable. Local law enforcement agencies may
be called as necessary upon the determination of the Superintendent/designee.
Students are to report all acts and/or threats of violence, including threats of suicide, of which
they are aware by reporting such incidents to the school hotline, a faculty member, or the building
principal.
The District reserves the right to seek restitution, in accordance with law, from the
parent/guardian and/or student for any costs or damages which had been incurred by the District as a
result of the threats or acts of violence in the schools.
This policy will be enforced in accordance with applicable laws and regulations, as well as
collective bargaining agreements and the Code of Conduct as may be necessary. Additionally, this
policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the
general public upon request.
Regulations will be developed to address safety concerns in the schools, and appropriate
sanctions for violations of this policy by students will be addressed in the Code of Conduct.
Adopted: 11/26/02
2002
3420
1 of 6
Community Relations
SUBJECT:
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT
The Board of Education affirms its commitment to non-discrimination and recognizes its
responsibility to provide an environment that is free of harassment and intimidation as required by
Federal and state law. Harassment is a violation of law and stands in direct opposition to District
policy. Therefore, the Board prohibits and condemns all forms of discrimination and harassment on
the basis of race, color, creed, religion, national origin, political affiliation, sex, sexual orientation,
age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing
dog or service dog, or domestic violence victim status by employees, school volunteers, students, and
non-employees such as contractors and vendors as wel
l as any third parties who are participating in, observing, or otherwise engaging in activities
subject to the supervision and control of the District.
Sexual orientation is defined as heterosexuality, homosexuality, bisexuality, or asexuality,
whether actual or perceived.
The Board also prohibits harassment based on an individual's opposition to discrimination or
participation in a related investigation or complaint proceeding under the anti-discrimination statutes.
This policy of nondiscrimination and anti-harassment will be enforced on School District premises and
in school buildings; and at all school-sponsored events, programs and activities, including those that
take place at locations off school premises and in another state.
It is intended that this policy apply to the dealings between or among employees with employees;
employees with students; students with students; employees/students with vendors/contractors and
others who do business with the School District, as well as school volunteers, visitors, guests and other
third parties. All of these persons are hereinafter referred to collectively as "the named group."
For purposes of this policy, harassment shall mean communication (verbal, written or graphic)
and/or physical conduct based on an individual's actual or perceived race, color, creed, religion,
national origin, political affiliation, sex, sexual orientation, age, marital status, military status, veteran
status, disability, use of a recognized guide dog, hearing dog or service dog or domestic violence
victim status that:
a)
Has the purpose or effect of substantially or unreasonably interfering with an individual's
work performance or is used as a basis for employment decisions (including terms and
conditions of employment) affecting such individual; and/or creates an intimidating, hostile
or offensive work environment;
b)
Has the purpose or effect of substantially or unreasonably interfering with a student's
academic performance or participation in an educational or extracurricular activity, or
creates an intimidating, hostile or offensive learning environment; and/or effectively bars
the student's access to an educational opportunity or benefit;
(Continued)
2002
3420
2 of 6
Community Relations
SUBJECT:
c)
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT (Cont'd.)
Otherwise adversely affects the employment and/or educational opportunities and benefits
provided by the District.
Complaints and Grievances by Employees (Moved from Policy #6122)
In accordance with the provisions of General Municipal Law and the collective bargaining
agreements, all District personnel shall have the opportunity to present their complaints or grievances
free from interference, coercion, restraint, discrimination or reprisal.
Complaints or grievances not covered under employee contracts shall be handled and resolved,
whenever possible, as close to their origin as possible. The Superintendent is responsible for
implementing regulations for the redress of complaints or grievances through proper administrative
channels.
Complaints and Grievances by Students (Moved from Policy #7550)
While students have the responsibility to abide by the policies and regulations of the District,
they shall also be afforded opportunity to present complaints and grievances free from interference,
coercion, restraint, discrimination or reprisal.
Administration shall be responsible for establishing rules and regulations for the redress of
complaints or grievances through proper administration channels. In addition, the administration shall
be responsible for developing an appeals process, ensuring that students have full understanding and
access to these regulations and procedure, and providing prompt, thorough and equitable consideration
and determination of student complaints and grievances.
Investigation of Complaints and Grievances
The School District will act to promptly investigate all complaints, either verbal or written,
formal or informal, of allegations of harassment based on any of the characteristics described above;
and will promptly take appropriate action to protect individuals from further harassment. The District
will designate, at a minimum, two (2) Compliance Officers, one of each gender.
In order for the Board to enforce this policy, and to take corrective measures as may be
necessary, it is essential that any employee, student, or other member of the above named group who
believes he/she has been a victim of harassment in the school environment and/or at programs,
activities and events under the control and supervision of the District, as well as any individual who is
aware of and/or who has knowledge of, or witnesses any possible occurrence of harassment,
immediately report such alleged harassment; such report shall be directed to or forwarded to the
District's designated Compliance Officer(s) through informal and/or formal complaint procedures as
(Continued)
2002
3420
3 of 6
Community Relations
SUBJECT:
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT (Cont'd.)
developed by the District. Such complaints are recommended to be in writing, although verbal
complaints of alleged harassment will also be promptly investigated in accordance with the terms of
this policy. In the event that the Compliance Officer is the alleged offender, the report will be directed
to the next level of supervisory authority.
Upon receipt of an informal/formal complaint (even an anonymous complaint), the District will
conduct a prompt, equitable and thorough investigation of the charges. However, even in the absence
of an informal/formal complaint, if the District has knowledge of any occurrence of harassment, the
District will investigate such conduct promptly and thoroughly. To the extent possible, within legal
constraints, all complaints will be treated as confidentially and privately as possible. However,
disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law
enforcement officials as warranted, and any disclosure will be provided on a "need to know" basis.
The Superintendent will inform the Board of Education of investigations involving findings of
discrimination or harassment.
Based upon the results of this investigation, if the District determines that an employee and/or
student has violated the terms of this policy and/or accompanying regulations, immediate corrective
action will be taken as warranted. Should the offending individual be a student, appropriate
disciplinary measures will be applied, up to and including suspension, in accordance with applicable
laws and/or regulations, District policy and regulation, and the District Code of Conduct. Should the
offending individual be a school employee, appropriate disciplinary measures will be applied, up to
and including termination of the offender's employment, in accordance with legal guidelines, District
policy and regulation, and the applicable collective bargaining agreement(s). Third parties (such as
school volunteers, vendors, etc.) who are found to have violated this policy and/or accompanying
regulations and/or the Code of Conduct, will be subject to appropriate sanctions as warranted and in
compliance with law. The application of such disciplinary measures by the District does not preclude
the filing of civil and/or criminal charges as may be warranted.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of harassment.
Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those
involved in the investigation of the harassment complaint have not suffered retaliation.
Finding That Harassment Did Not Occur
At any level/stage of investigation of alleged harassment, if a determination is made that
harassment did not occur, the Compliance Officer will so notify the complainant, the alleged offender
and the Superintendent of this determination. Such a finding does not preclude the complainant from
filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of
recourse.
(Continued)
2002
3420
4 of 6
Community Relations
SUBJECT:
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT (Cont’d.)
However, even if a determination is made that harassment did not occur, the
Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to
help ensure that the school community is not conducive to fostering harassment in the workplace.
In all cases, the Superintendent will inform the Board of Education of the results of each
investigation involving a finding that harassment did not occur.
Knowingly Makes False Accusations
Employees and/or students who knowingly make false accusations against another individual as
to allegations of discrimination or harassment may also face appropriate disciplinary action.
Privacy Rights
As part of any investigation, the District has the right to search all school property and
equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided
by the District for the use of staff and students, but the users do not have exclusive use of these
locations or equipment and should not expect that materials stored therein will be private.
Civil Rights Compliance Officer (Title IX/Section 504/ADA Compliance Officer)
The Civil Rights Compliance Officer is the Assistant Superintendent for Personnel. The Civil
Rights Compliance Officer shall be appointed by the Board and shall be responsible for providing
information, including complaint procedures, and for handling complaints relative to civil rights (e.g.,
Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990) for any student, parent, employee or employment applicant.
Prior to the beginning of each school year, the District shall issue an appropriate public
announcement which advises students, parents/guardian, employees and the general public of the
District’s established grievance procedures for resolving complaints of discrimination based on sex or
disability. Included in such announcement will be the name, address and telephone number of the
Civil Rights Compliance Officer.
The Civil Rights Compliance Officer shall also be responsible for handling complaints and
grievances regarding discrimination based on race, color, creed, religion, national origin, political
affiliation, sexual orientation, age, military status, veteran status, marital status, predisposing genetic
characteristics, use of a recognized guide dog, hearing dog or service dog, or domestic violence victim
status.
(Continued)
2002
3420
5 of 6
Community Relations
SUBJECT:
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT (Cont'd.)
Development and Dissemination of Administrative Regulations
Regulations will be developed for reporting, investigating, and remedying allegations of
harassment based on the characteristics described above. An appeal procedure will also be provided to
address any unresolved complaints and/or unsatisfactory prior determinations by the applicable
Compliance Officer(s). Such regulations will be developed in accordance with federal and state law as
well as any applicable collective bargaining agreement(s).
The Superintendent/designee(s) will affirmatively discuss the topic of harassment with all
employees and students, express the District's condemnation of such conduct, and explain the
sanctions for such harassment. Appropriate training and/or "awareness" programs will be established
for staff and students to help ensure knowledge of and familiarity with the issues pertaining to
harassment in the schools, and to disseminate preventative measures to help reduce such incidents of
prohibited conduct. Furthermore, special training will be provided for designated supervisors and
managerial employees, as may be necessary, for the investigation of harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and may
be posted at various locations in each school building. The District's policy and regulations on antiharassment will be published in appropriate school publications such as teacher/employee handbooks,
student handbooks, and/or school calendars.
This policy should not be read to abrogate other District policies and/or regulations or the
District Code of Conduct prohibiting other forms of unlawful discrimination, inappropriate behavior,
and/or hate crimes within this District. It is the intent of the District that all such policies and/or
regulations be read consistently to provide the highest level of protection from unlawful discrimination
in the provision of employment/educational services and opportunities. However, different treatment
of any member of the above named group which has a legitimate, legal and nondiscriminatory reason
shall not be considered a violation of District policy.
Age Discrimination in Employment Act, 29 United States Code (USC) Section 621
Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Prohibits discrimination on the basis of disability.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq.
Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
(Continued)
2002
3420
6 of 6
Community Relations
SUBJECT:
NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE SCHOOL
DISTRICT (Cont'd.)
Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital
status or disability.
Civil Service Law Section 75-B
Education Law Section 2801(1)
Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation,
disability, military status, marital status, use of a recognized guide dog, hearing dog or service dog, or
domestic violence victim status.
Military Law Sections 242 and 243
NOTE:
Refer also to Policies #3230 -- Public Complaints
#6121 -- Sexual Harassment of District Personnel
#7551 -- Sexual Harassment of Students
Adopted: 11/26/2002
Amended: 6/26/2012
2002
3430
Community Relations
SUBJECT:
STATEWIDE UNIFORM VIOLENT INCIDENT REPORTING SYSTEM
(UVIRS)
In compliance with the Uniform Violent Incident Reporting System, the District will record
each violent or disruptive incident that occurs on school property or at a school function. On or before
September 30 of each year (commencing 2002), the District will submit an annual report of violent or
disruptive incidents to the Commissioner in the manner prescribed.
The District will establish local procedures for the reporting of violent or disruptive incidents
by each building and/or program under its jurisdiction. Copies of such incident reports will be
retained for the time prescribed by the Commissioner in the applicable records retention schedule.
These reports will be available for inspection by the State Education Department upon request.
All personally identifiable information included in a violent or disruptive incident report will
be confidential and will not be disclosed to any person for any purpose other than that specified in
Section 2802 of the Education Law, except as otherwise authorized by law.
Beginning with the 2002-2003 school year, the District will include a summary of the District's
annual violent or disruptive incident report in its School District Report Card in the format prescribed
by the Commissioner.
Education Law Section 2802
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(gg)
Adopted: 11/26/02
2002
3440
Community Relations
SUBJECT:
EMERGENCY CLOSINGS
In the event it is necessary to close school for the day due to inclement weather or other
emergency reasons, announcement thereof shall be made via local media designated by the Board of
Education.
When school is closed, all related activities, including athletic events and student activities, will
ordinarily be suspended for that day and evening.
The attendance of personnel shall be governed by their respective contracts.
Adopted: 11/26/02
2005
4000
Administration
Auburn Enlarged City School District
NUMBER
ADMINISTRATION
1.1 Administrative Personnel ........................................................................................... 4110
ADMINISTRATIVE OPERATIONS
2.1 Administrative Organization and Operation .............................................................. 4210
2.1.1
Line Responsibility ........................................................................................ 4211
2.1.2
Organizational Chart ...................................................................................... 4212
2.2 Abolishing an Administrative Position ......................................................................4220
2.3 Administrative Authority During Absence of Superintendent of Schools ................ 4230
2.4 Administrative Latitude in Absence of Board Policy ................................................ 4240
2.5 Use of Committees.....................................................................................................4250
2.6 Evaluation of the Superintendent and Other Administrative Staff ............................ 4260
CENTRAL OFFICE AND BUILDING ADMINISTRATION
3.1 Superintendent of Schools ......................................................................................... 4310
3.2 Superintendent-Board of Education Relations .......................................................... 4320
3.3 Administrative Staff ...................................................................................................4330
COMPENSATION AND RELATED BENEFITS
4.1 Professional Development Opportunities ..................................................................4410
4.2 Compensation and Related Benefits .......................................................................... 4420
2003
4110
Administration
SUBJECT:
ADMINISTRATIVE PERSONNEL
Administrative and supervisory personnel shall be considered to be those District employees
officially designated by Board of Education action as responsible for the administrative and
supervisory tasks required to carry out Board of Education policy, programs, decisions, and actions.
These employees shall meet all certification and/or Civil Service requirements as outlined in
New York State Civil Service Law, and the Rules and Regulations promulgated by the Commissioner
of Education of New York State. The administrative and supervisory staff must be eligible to meet
these requirements at the time of employment.
8 New York Code of Rules and Regulations
(NYCRR) Subparts 80-1, 80-2 and 80-3
Education Law Section 1709
Adopted: 1/7/03
2003
4210
Administration
SUBJECT:
ADMINISTRATIVE ORGANIZATION AND OPERATION
The basic principles of Administrative Organization and Operation are:
a)
The working relationships shall involve two types of officers: line and staff. Line
organization involves a direct flow of authority upward and downward from chief school
officer to building principal. A line officer has authority over subordinates.
b)
The Board of Education shall formulate and legislate educational policy.
c)
Administrative regulations shall be developed by the chief school officer in cooperation
with affected or interested staff members or lay persons.
d)
The central office staff shall provide overall leadership and assistance in planning and
research.
e)
A reasonable limit shall be placed upon the number of persons with whom an administrator
shall be expected to work effectively.
f)
Areas of responsibility for each individual shall be clearly defined.
g)
There shall be full opportunity for freedom of communication between all levels in the
school staff.
Adopted: 1/07/2003
2003
4211
Administration
SUBJECT:
LINE RESPONSIBILITY
All employees of the District shall be under the general direction of the Superintendent.
Teachers shall be immediately responsible to the principal of the building in which they work. Other
employees shall be immediately responsible to the administrative or supervisory personnel under
whom they work directly.
The lines of responsibility/reporting shall be as depicted on the organizational chart.
Adopted: 1/7/03
Auburn Enlarged City School District
Organization Chart
Board of Education
Superintendent of Schools
Asst. Supt. for
Personnel
Business
Manager
Treasurer
Personnel
Deputy
Treasurer
Maintenance
Central
Stores Clerk
Nurse Supervisor
Business
Technology
Services
School Nurses and
Aides
Director of
Special
Education
Special
Education 504
Programs,
Asst.
Director
of Special
Programs
Social
Workers,
Psychologists
& Counselors
Director of Athletics,
Phys. Ed. and Health
Asst. Supt.
for Instruction
Bus
Drivers
Coaches
Bus Aides
Insurance
Business
Office
Staff
Other Civil Service Employees
(School Secretaries, Keyboard Specialists,
Clerks, Computer Techs and Support,
School Monitors and Watchpersons)
Alternative
Education
Pre-School
Providers
Cayuga County
& Agencies’
Services
Subject Area
Director(s)
Literacy
Coaches
Subject Matter
Facilitators
Elementary
and
Secondary
Principals
Instructional
Grants
Instructional
Technology
and Computer
Services
In-Service
Planning,
Curricular
Development
Instruction
Asst.
Principals
4212
2011-2012
Transportation
Supervisor
(When in District)
Leaves
Custodians
Asst. Supt. for
Student Services
2003
4220
Administration
SUBJECT:
ABOLISHING AN ADMINISTRATIVE POSITION
Existing administrative positions shall not be abolished by the Board of Education without
previous written notification of the impending abolition. Such written notification is to be served to
the individual currently holding that position. In all cases the individual currently holding the position
should receive as much advance notice as possible.
Education Law Section 3012
Adopted: 1/7/03
2003
4230
Administration
SUBJECT:
ADMINISTRATIVE AUTHORITY DURING ABSENCE OF THE
SUPERINTENDENT OF SCHOOLS
The Superintendent of Schools shall delegate to another administrator the authority and
responsibility for making decisions and taking such actions as may be required during the absence of
the Superintendent.
Adopted: 1/7/03
2003
4240
Administration
SUBJECT:
ADMINISTRATIVE LATITUDE IN THE ABSENCE OF BOARD POLICY
From time to time problems and new questions arise for which no specific policy has been
prepared. Members of the administrative staff shall act in a manner consistent with the existing
policies of the School District and shall alert the Superintendent of Schools to the possible need for
additional policy development.
Adopted: 1/7/03
2003
4250
Administration
SUBJECT:
USE OF COMMITTEES
Standing and/or ad hoc committees may be appointed to study and to recommend courses of
action in response to department, building or District needs. These committees may be appointed by
the Board of Education, the Superintendent or other administrators, with the knowledge of the
Superintendent, and in accordance with the range of responsibilities of the appointing body or
administrator to whom the committee shall report. The composition of each committee shall reflect its
purpose and each committee shall have a clear assignment.
Adopted: 1/7/03
2003
4260
Administration
SUBJECT:
EVALUATION OF THE SUPERINTENDENT AND OTHER
ADMINISTRATIVE STAFF
Superintendent
The Board of Education shall conduct annually a formal performance evaluation of the
Superintendent. The formal procedures used to complete the evaluation are to be filed in the District
Office, and to be made available for review by any individual, no later than August first of each year.
The formal performance procedures shall include written criteria, a description of the review
procedures, provisions for post-conferencing, and methods used to record results of the evaluation.
The Superintendent shall be granted the opportunity to respond to the evaluation in writing.
Evaluation of Administrative Staff
The Board shall direct the Superintendent to conduct an evaluation of all administrative
personnel.
The purposes of this evaluation are:
a)
To determine the adequacy of administrative staffing;
b)
To improve administrative effectiveness;
c)
To encourage and promote self-evaluation by administrative personnel;
d)
To provide a basis for evaluative judgments by the Superintendent and the Board;
e)
To make decisions about continued employment with the District.
8 New York Code of Rules and Regulations
(NYCRR) Sections 801.1 and 100.2(o)(2)
Adopted: 1/7/03
2003
4310
1 of 2
Administration
SUBJECT:
SUPERINTENDENT OF SCHOOLS
a)
As chief executive officer of the Board of Education, he/she shall attend all regular, special, and
work meetings of the Board except that the Superintendent may be excluded when his/her
employment contract or performance is discussed in executive session.
b)
He/she shall administer all policies and enforce all rules and regulations of the Board.
c)
He/she shall constantly review the local school situation and recommend to the Board areas in
which new policies seem to be needed.
d)
He/she shall be responsible for organizing, administering, evaluating, and supervising the
programs and personnel of all school departments, instructional and non-instructional.
e)
He/she shall recommend to the Board the appointment of all instructional and support personnel.
f)
He/she shall be responsible for the preparation and recommendation to the Board of the annual
School District budget in accordance with the format and development plan specified by the
Board.
g)
He/she shall acquaint the public with the activities and needs of the schools through his/her
written and spoken statements, and shall be responsible for all news releases emanating from the
local schools.
h)
He/she shall be responsible for the construction of all salary scales and for the administration of
the salary plan approved by the Board. Some of these salary scales will be developed within staff
contracts negotiated under the provisions of the Taylor Law.
i)
He/she shall determine the need and make plans for plant expansion and renovation.
j)
He/she shall be responsible for recommending for hire, evaluating, promoting, and dismissing all
professional and non-professional staff personnel.
k)
He/she shall prepare or supervise the preparation of the teacher's handbook, staff bulletins, and
all other District-wide staff materials.
l)
He/she shall plan and coordinate the recruitment of teachers and other staff to assure the District
of the best available personnel.
m)
He/she shall plan and conduct a program of supervision of teaching staff that will have as its
goal the improvement of instruction, and, at the same time, will assure that only the teachers
found to be of a high degree of competence will be recommended for tenure.
(Continued)
2003
4310
2 of 2
Administration
SUBJECT:
SUPERINTENDENT OF SCHOOLS (Cont'd.)
n)
He/she shall continually strive to distinguish for all concerned between the areas of policy
decisions appropriate to the Board and management decisions appropriate to the District's
administrative personnel.
o)
He/she shall, when necessary and/or desirable, transfer such personnel as he/she anticipates will
function more effectively in other positions. These transfers shall be made within the guidelines
of state laws, District policies and negotiated contracts.
p)
He/she shall submit the data from the School Report Card and/or other such reports of
student/District performance as prescribed by and in accordance with requirements of the
Commissioner of Education.
Education Law Sections 1711 and 3003
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(m)
Adopted: 1/7/03
2003
4320
Administration
SUBJECT:
SUPERINTENDENT - BOARD OF EDUCATION RELATIONS
The Board of Education is accountable for all pursuits, achievements and duties of the School
District. The Board's specific role is to deliberate and to establish policies for the organization. The
Board delegates the necessary authority to the Superintendent who, acting as chief executive officer, is
held accountable to the Board for compliance with its policies.
a)
With respect to School District goals and objectives, the Board will establish broad
guidelines to be observed in the development of further policy and action. The Board
reserves the right to issue either restrictive or general policy statements.
b)
Generally, the Superintendent will be empowered to assign and use resources; to employ,
promote, discipline and deploy staff; to translate policies of the Board into action; to speak
as agent of the Board; to organize and delegate administrative responsibilities; and to
exercise such other powers as are customary for chief executives.
c)
The Superintendent may not perform, cause, or allow to be performed any act that is
unlawful, in violation of commonly accepted business and professional ethics; in violation
of any contract into which the Board has entered; or, in violation of policies adopted by the
Board that limit the Superintendent's authority.
d)
Should the Superintendent or his/her designee consider it unwise or impractical to comply
with an explicit Board policy, the Superintendent will inform the Board of that
determination. The Board will decide whether such judgment was warranted.
e)
When law or other authority calls for Board approval of decisions that the Board has
delegated to the Superintendent, Board approval will be routinely given if those decisions
have been made within the limits of Board policies.
Education Law Section 1711
Adopted: 1/7/03
2003
4330
Administration
SUBJECT:
ADMINISTRATIVE STAFF
School Business Executive
The School Business Executive shall be responsible for all phases of the District's business
activity, as set forth in Section 5000 of the Policy Manual, and shall report directly to the
Superintendent of Schools or his/her designee.
Building Principals
The building principals are the educational executives of the school centers. They have the
responsibility for executing Board of Education policies in the schools. They are directly responsible
to the Superintendent of Schools or his/her designee.
Assistant Principals
Assistant principals shall be employed in the middle schools and high schools. The assistant
principal is responsible for all duties assigned to him/her by the building principal and shall report
directly to the principal.
Subject Coordinators
Coordinators are staff officers who shall have various ranges of responsibilities as indicated by
their respective titles and job descriptions.
8 New York Code of Rules and Regulations
(NYCRR) Section 80.4
Adopted: 1/7/03
2003
4410
Administration
SUBJECT:
PROFESSIONAL DEVELOPMENT OPPORTUNITIES
The Board of Education shall encourage administrators to keep themselves informed of current
educational theory and practice by study, by visiting other school systems, by attendance at
educational conferences, and by such other means as are appropriate.
The approval of the Superintendent shall be required for any conference attendance or visitations
requested by administrators.
Participation shall be limited by available resources and reimbursement guidelines.
General Municipal Law Section 77-b
Adopted: 1/7/03
2003
4420
Administration
SUBJECT:
COMPENSATION AND RELATED BENEFITS
The salaries and related benefits of administrators shall be set annually by the Board of
Education or by negotiated agreement upon the recommendation of the Superintendent.
Adopted: 1/7/03
2005
5000
Non-Instructional/Business
Operations
Auburn Enlarged City School District
NUMBER
BUDGET
1.1 Budget Planning and Development ........................................................................... 5110
1.2 School District Budget Hearing ................................................................................. 5120
1.3 Budget Adoption ........................................................................................................5130
1.4 Administration of the Budget .................................................................................... 5140
1.5 Contingency Budget ..................................................................................................5150
1.6 Absentee Ballots ........................................................................................................5160
INCOME
2.1 Revenues .................................................................................................................... 5210
2.2 District Investments ...................................................................................................5220
2.3 Acceptance of Gifts, Grants and Bequests to the School District ............................. 5230
2.4 School Tax Assessment and Collection .....................................................................5240
2.4.1 Property Tax Exemption for Senior Citizens .................................................... 5241
2.5 Sale and Disposal of School District Property........................................................... 5250
EXPENDITURES
3.1 Bonding of Employees and School Board Members ................................................. 5310
3.2 Expenditures of School District Funds ......................................................................5320
3.2.1
Meal Expenses Incurred During District Meetings .......................................5321
3.2.2
District Cell Phones ....................................................................................... 5322
3.2.3
District Credit Cards ...................................................................................... 5323
3.3 Budget Transfers ........................................................................................................5330
3.4 Borrowing of Funds ...................................................................................................5340
2005
5000
Non-Instructional/Business
Operations
NUMBER
PURCHASING
4.1 Procurement Policy ....................................................................................................5410
FISCAL ACCOUNTING AND REPORTING
5.1 Accounting of Funds ..................................................................................................5510
5.1.1 Reserve Funds ...................................................................................................5511
5.2 Extra-classroom Activities Funds .............................................................................. 5520
5.3 Petty Cash Funds and Cash in School Buildings ....................................................... 5530
5.4 Publication of District’s Annual Financial Statement ............................................... 5540
5.5 Maintenance of Fiscal Effort ..................................................................................... 5550
5.6 Use of District Funds for Partisan Political Activity ................................................. 5560
5.7 Financial Accountability: Allegations of Fraud........................................................ 5570
5.7.4 Medicaid Compliance Program .......................................................................5574
NON-INSTRUCTIONAL OPERATIONS
6.1 Insurance .................................................................................................................... 5610
6.2 Inventories ................................................................................................................. 5620
6.2.1
Accounting of Fixed Assets ........................................................................... 5621
6.3 Facilities: Inspection, Operation and Maintenance................................................... 5630
6.3.1
Hazardous Waste and Handling of Toxic Substances by Employees ........... 5631
6.4 Smoking/Tobacco Use ............................................................................................... 5640
6.5 Energy/Water Conservation and Recycling of Solid Waste ......................................5650
6.6 School Food Service Program (Lunch and Breakfast) .............................................. 5660
6.6.2
Agreements for Commercial Purposes .......................................................... 5662
6.6.3
Other Food Choices at School .......................................................................5663
2005
5000
Non-Instructional/Business
Operations
NUMBER
NON-INSTRUCTIONAL OPERATIONS (Cont’d.)
6.7 Records Management ................................................................................................ 5670
6.8 Safety and Security ....................................................................................................5680
6.8.1
School Safety Plans ....................................................................................... 5681
6.8.2
Crisis Response (Post Incident Response) ..................................................... 5682
6.8.5
Use of Automatic External Defibrillators (AEDs) ........................................5685
6.9 Exposure Control Program ........................................................................................ 5690
6.9.1
Communicable Diseases ................................................................................ 5691
6.9.2
Human Immunodeficiency Virus (HIV) Related Illnesses ............................ 5692
TRANSPORTATION
7.1 Transportation Program ............................................................................................. 5710
7.2 Scheduling and Routing ............................................................................................. 5720
7.3 Transportation of Students ......................................................................................... 5730
7.5 School Bus Safety Program ....................................................................................... 5740
7.6 Qualifications of Bus Drivers .................................................................................... 5750
7.6.1
Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees .......................................................................... 5751
2003
5110
1 of 5
Non-Instructional/Business
Operations
SUBJECT:
BUDGET PLANNING AND DEVELOPMENT
Budget planning and development for the District will be an integral part of program planning so
that the annual operating budget may effectively express and implement programs and activities of the
School System. Budget planning will be a year-round process involving participation of District-level
administrators, Principals, Directors, Coordinators, teachers, and other personnel. The process of
budget planning and development should allow for community input and contain numerous
opportunities for public information and feedback.
The Superintendent will have overall responsibility for budget preparation, including the
construction of and adherence to a budget calendar. Program managers will develop and submit
budget requests for their particular areas of responsibility after seeking the advice and suggestions of
staff members.
Principals will develop and submit budget requests for their particular schools in conjunction
with the advice and suggestions of staff members and their own professional judgment. Each school's
budget request will be the Principal's recommendation as to the most effective way to use available
resources in achieving progress toward the approved educational objectives of the school. Program
budgets and school budgets will reflect state and/or federal requirements, special sources of funding,
and District objectives and priorities.
The Board will give consideration to budget requests, and will review allocations for
appropriateness and for their consistency with the School System's educational priorities.
All budget documents for distribution to the public shall be in plain language and organized in a
manner which best promotes public comprehension of the contents. Documents shall be complete and
accurate and contain sufficient detail to adequately inform the public regarding such data as estimated
revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in
such information from the prior year's submitted budget.
In accordance with Commissioner's Regulations, the budget will be presented in three (3)
components which are to be voted upon as one (1) proposition. The law prescribes the types of items
to be included in each component and further prescribes that all relevant costs be included in the
component.
a)
A program component which shall include, but need not be limited to, all program expenditures
of the School District, including the salaries and benefits of teachers and any school
administrators or supervisors who spend a majority of their time performing teaching duties, and
all transportation operating expenses;
b)
A capital component which shall include, but need not be limited to, all transportation capital,
debt service, and lease expenditures; costs resulting from judgments and tax certiorari
proceedings or the payment of awards from court judgments, administrative orders or settled or
(Continued)
2003
5110
2 of 5
Non-Instructional/Business
Operations
SUBJECT:
BUDGET PLANNING AND DEVELOPMENT (Cont'd.)
compromised claims; and all facilities costs of the School District, including facilities lease
expenditures, the annual debt service and total debt for all facilities financed by bonds and notes
of the School District, and the costs of construction, acquisition, reconstruction, rehabilitation or
improvement of school buildings, provided that such budget shall include a rental, operations
and maintenance section that includes base rent costs, total rent costs, operation and maintenance
charges, cost per square foot for each facility leased by the District, and any and all expenditures
associated with custodial salaries and benefits, service contracts, supplies, utilities, and
maintenance and repairs of school facilities; and
c)
An administrative component which shall include, but need not be limited to, office and central
administrative expenses, traveling expenses and all compensation, including salaries and benefits
of all school administration and supervisors, business administrators, superintendents of schools
and deputy, assistant, associate or other superintendents under all existing employment contracts
or collective bargaining, any and all expenditures associated with the operation of the Office of
the School Board, the Office of the Superintendent of Schools, General Administration, the
School Business Office, consulting costs not directly related to direct student services and
programs, planning and all other administrative activities.
Additionally, the Board of Education shall append to the proposed budget the following
documents:
a)
A detailed statement of the total compensation to be paid to the Superintendent of Schools,
and any Assistant or Associate Superintendent of Schools in the ensuing school year,
including a delineation of the salary, annualized cost of benefits and any in-kind or other
form of remuneration;
b)
A list of all other school administrators and supervisors, if any, whose annual salary for the
coming school year will be at or above that designated in law for such reporting purposes,
with the title of their positions and annual salary identified;
c)
A School District Report Card, prepared pursuant to Commissioner's Regulations, which
includes measures of the academic performance of the School District, on a school by
school basis, and measures of the fiscal performance of the District;
d)
A Property Tax Report Card prepared in accordance with law and Commissioner's
Regulations (see subheading Property Tax Report Card); and
e)
A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption
Report).
(Continued)
2003
5110
3 of 5
Non-Instructional/Business
Operations
SUBJECT:
BUDGET PLANNING AND DEVELOPMENT (Cont'd.)
The Board shall attest that unexpended surplus funds (i.e., operating funds in excess of the
current school year budget, not including funds properly retained under other sections of law) have
been applied in determining the amount of the school tax levy. Surplus funds shall mean any operating
funds in excess of four percent (4%).
The proposed budget for the ensuing school year shall be reviewed by the Board of Education
and publicly disseminated, in accordance with law, prior to its submission to District voters for
approval.
District funds may be expended to inform the public regarding the annual budget and to present
the annual budget to District voters; however, such funds shall not be utilized to promote either a
favorable or negative opinion of the proposed budget.
Property Tax Report Card
Each year, the Board of Education shall prepare a Property Tax Report Card, pursuant to
Commissioner's Regulations, and shall make it publicly available by transmitting it to local
newspapers of general circulation, appending it to copies of the proposed budget made publicly
available as required by law, making it available for distribution at the Annual Meeting, and otherwise
disseminating it as required by the Commissioner.
The Property Tax Report Card shall include:
a)
The amount of total spending and total estimated school tax levy that would result from
adoption of the proposed budget, and the percentage increase or decrease in total spending
and total school tax levy from the School District budget for the preceding school year; and
b)
The projected enrollment growth for the school year for which the budget is prepared, and
the percentage change in enrollment from the previous year; and
c)
The percentage increase in the average of the Consumer Price Indexes from January first of
the prior school year to January first of the current school year as defined in Education
Law; and
c)
The projected amount of the adjusted unrestricted fund balance that will be retained if the
proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the
projected amount of the assigned appropriated fund balance; the percentage of the proposed
budget that the adjusted unrestricted fund balance represents; the actual djusted unrestricted
fund balance retained in the School District budget for the preceding school year; and the
percentage of the School District budget for the preceding school year that the actual
adjusted unrestricted fund balance represents; and
(Continued)
2003
5110
4 of 5
Non-Instructional/Business
Operations
SUBJECT:
e)
BUDGET PLANNING AND DEVELOPMENT (Cont'd.)
The District's school tax levy limit calculation. The District will submit its school tax levy
limit calculation to the Office of the State Comptroller, NYSED and the Office of Taxation
and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the
budget vote must be approved by sixty percent (60%) of the District's qualified voters
present and voting.
A copy of the Property Tax Report Card prepared for the Annual District Meeting shall be
submitted to the State Education Department in the manner prescribed by the Department by the end
of the business day next following approval of the Property Tax Report Card by the Board of
Education, but no later than twenty-four (24) days prior to the statewide uniform voting day (i.e., the
third Tuesday in May).
The State Education Department shall compile such data for all school districts whose budgets
are subject to a vote of the qualified voters, and shall make such compilation available electronically at
least ten (10) days prior to the statewide uniform voting day.
Tax Exemption Report
A Tax Exemption Report shall be annexed to any tentative or preliminary budget and shall
become part of the final budget. This report shall be on the form as prescribed by the State Board of
Real Property Services and shall show the following:
a)
How much of the total assessed value of the final assessment roll(s) used in the budgetary
process is exempt from taxation;
b)
Every type of exemption granted as identified by statutory authority;
c)
The cumulative impact of each type of exemption expressed either as a dollar amount of
assessed value or as a percentage of the total assessed value on the roll;
d)
The cumulative amount expected to be received from recipients of each type of exemption
as payments in lieu of taxes or other payments for municipal services; however, individual
recipients are not to be named; and
e)
The cumulative impact of all exemptions granted.
Notice of this report shall be included in any notice of the preparation of the budget required by
law and shall be posted on any bulletin board maintained by the District for public notices as well as
on any website maintained by the District.
(Continued)
2003
5110
5 of 5
Non-Instructional/Business
Operations
SUBJECT:
BUDGET PLANNING AND DEVELOPMENT (Cont'd.)
Education Law Sections 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2023-a, 2601-a(3) and 2601-a(7)
General Municipal Law Section 36
Real Property Tax Law Sections 495 and 1318(l)
8 New York Code of Rules and Regulations (NYCRR) Sections 170.8, 170.9 and 170.11
State Education Department Handbook No. 3 on Budget
Adopted: 3/11/2003
Amended: 6/12/2012
2003
5120
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL DISTRICT BUDGET HEARING
The Board of Education will hold an Annual Budget Hearing, in accordance with law, so as to
inform and present to District residents a detailed written statement regarding the District's estimated
expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the
Annual District Meeting and Election.
The Budget Hearing will be held not less than seven (7) nor more than fourteen (14) days prior
to the Annual District Meeting and Election or Special District Meeting at which the budget vote will
occur. The proposed budget will be completed at least seven (7) days prior to the budget hearing at
which it is to be presented.
Notice of the date, time and place of the annual budget hearing will be included in the notice of
the Annual Meeting and Election and/or Special District Meeting as required by law.
All School District budgets which are submitted for voter approval shall be presented in three (3)
components: a program component, an administrative component, and a capital component; and each
component will be separately delineated in accordance with law and/or regulation.
The Board of Education will also prepare and append to copies of the proposed budget a School
District Report Card, pursuant to the Regulations of the Commissioner of Education, referencing
measures of academic and fiscal performance. Additionally, the Board of Education shall also append
to copies of the proposed budget a detailed statement of the total compensation to be paid to various
administrators as enumerated in law and/or regulation, and a Property Tax Report Card prepared in
accordance with law and Commissioner's Regulations.
All budget documents for distribution to the public will be written in plain language and
organized in a manner which best promotes public comprehension of the contents.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year may be obtained by any
District resident. Requests for copies of the proposed budget should be made at least seven (7) days
before the budget hearing. Copies shall be prepared and made available at the school district office,
public or associate libraries within the district and on the district website, if one exists. Copies will be
available to district residents during the fourteen (14) day period immediately preceding the Annual
Meeting and Election or Special District Meeting at which the budget vote will occur. Additionally,
the Board will include notice of the availability of copies of the budget at least once during the school
year in any District-wide mailing.
(Continued)
2003
5120
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL DISTRICT BUDGET HEARING (Cont'd.)
Budget Notice
The School District Clerk shall mail a School Budget Notice to all qualified voters of the School
District after the date of the Budget Hearing, but no later than six (6) days prior to the Annual Meeting
and Election or Special District Meeting at which a school budget vote will occur. The School Budget
Notice shall compare the percentage increase or decrease in total spending under the proposed budget
over total spending under the School District budget adopted for the current school year, with the
percentage increase or decrease in the Consumer Price Index from January first of the prior school
year to January first of the current school year.
Beginning with the budget notice for the 2012-2013 proposed budget, the District will also include in
the notice:
a)
The school tax levy limit;
b)
The proposed school year tax levy (without permissible exclusions to the school tax levy
limit);
c)
The total permissible exclusions; and
d)
The proposed school year tax levy (including permissible exclusions to the school tax levy
limit).
The Notice shall also include, in a manner and format prescribed by the Commissioner of
Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and
the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for
a hypothetical home within the District with a full value of one hundred thousand dollars ($100,000)
under the existing School District budget as compared with such savings under the proposed budget.
The Notice shall also set forth the date, time and place of the school budget vote in the same
manner as in the Notice of the Annual Meeting. The School Budget Notice shall be in a form
prescribed by the Commissioner of Education.
Notice of Budget Hearing/Availability of Budget Statement:
Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1),2023-a and 2601-a(2)
Election and Budget Vote:
Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a and 2601-a(2)
Budget Development and Attachments:
Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6),
1716(7), 2022(2-a), 2023-a and 2601-a(3)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9
Adopted: 3/11/03
Amended: 6/12/2012
2003
5130
Non-Instructional/Business
Operations
SUBJECT:
BUDGET ADOPTION
The Board of Education shall review the recommended budget of the Superintendent of Schools
and shall seek public input and feedback regarding the recommended budget including, but not limited
to, holding a public budget hearing not less than seven (7) nor more than fourteen (14) days prior to
the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify
the recommended budget of the Superintendent prior to its submission to District voters. Final
authorization of the proposed budget is dependent upon voter approval unless a contingency budget is
adopted by the Board.
In the event the original proposed budget is not approved at the Annual District Meeting and
Election, the Board may resubmit the original proposed budget or a revised budget for voter approval,
or individual propositions may be placed before District voters, at a special meeting held on the third
Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or
if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt
a contingency budget with a tax levy that is no greater than the prior year's levy.
The School District budget for any school year, or any part of such budget, or any proposition(s)
involving the expenditure of money for that school year, shall not be submitted for a vote of the
qualified District voters more than twice.
The School District budget, once adopted, becomes the basis for establishing the tax levy on real
property within the District.
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1), 2007(3)(b), 2022, 2023,
2023-a and 2601-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(bb), 170.8 and 170.9
Adopted: 3/11/2003
Amended: 6/12/2012
2003
5140
Non-Instructional/Business
Operations
SUBJECT:
ADMINISTRATION OF THE BUDGET
The Superintendent of Schools, working in conjunction with the administrative staff, is
responsible to the Board for the administration of the budget.
a)
He/she shall acquaint District employees with the final provisions of the program budget
and guide them in planning to operate efficiently and economically within these provisions.
b)
Under his/her direction the District shall maintain such records of accounting control as are
required by the New York State Uniform System of Accounts for School Districts, the
Board of Education, and such other procedures as are deemed necessary and shall keep the
various operational units informed through periodic reports as to the status of their
individual budgets.
c)
Board approval is required prior to the expenditure of District funds.
Adopted: 3/11/03
2003
5150
Non-Instructional/Business
Operations
SUBJECT:
CONTINGENCY BUDGET
The School District budget for any school year or any part of such budget, or any proposition
involving the expenditure of money for such school year, shall not be submitted for a vote of the
qualified voters of the District more than twice in any school year.
If the original proposed budget is not approved by District voters at the Annual District
Meeting and Election, the Board has the option of either resubmitting the original or revised
budget for voter approval at a special meeting held at a later date; or the Board may, at that
point, adopt a contingency budget. If the Board decides to submit either the original or a
revised budget to the voters for a second time, and the voters do not approve the second
budget submittal, the Board must adopt a contingency budget and the tax levy cannot exceed
the total tax levy of the prior year (0% levy growth).
The administrative component of the contingency budget shall not comprise a greater
percentage of the contingency budget exclusive of the capital component than the lesser of:
a)
The percentage the administrative component had comprised in the prior year
budget exclusive of the capital component; or
b)
The percentage the administrative component had comprised in the last proposed
defeated budget exclusive of the capital component.
Education Law Sections 2002, 2023, 2023-a, 2024 and 2601-a
Adopted: 3/11/2003
Amended: 6/12/2012
2003
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SUBJECT:
ABSENTEE BALLOTS
The Board of Education authorizes the District Clerk or a Board designee (the latter only if the
District does not provide for the personal registration of voters) to provide absentee ballots to qualified
District voters. Absentee ballots shall be used for the election of School Board members, and the
adoption of the annual budget and referenda.
A District voter must request in advance an application for an absentee ballot. The voter must
complete the application and state the reason he/she will not be able to appear in person on the day of
the District election/vote for which the absentee ballot is requested. The application must be received
by the District Clerk or Board designee at least seven (7) days before the election/vote if the ballot is
to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally
to the voter.
Pursuant to the provisions of Education Law, a qualified District voter is eligible to vote by
absentee ballot if he/she is unable to appear to vote in person on the day of the School District
election/vote because:
a)
He/she is or will be a patient in a hospital, or is unable to appear personally at the polling
place on the day of the election/vote because of illness or physical disability;
b)
He/she has duties, occupation or business responsibilities, or studies which require being
outside of the county or city of residence on the day of the School District election/vote;
c)
He/she will be on vacation outside of the county or city of residence on the day of such
District election/vote;
d)
He/she will be absent from the voting residence due to detention in jail awaiting action by a
grand jury or awaiting trial, or is confined in prison after conviction for an offense other
than a felony; or
e)
He/she will be absent from the School District on the day of the School District
election/vote by reason of accompanying spouse, parent or child who is or would be, if
he/she were a qualified voter, entitled to apply for the right to vote by absentee ballot.
Statements on the application for absentee ballot must be signed and dated by the voter.
An absentee ballot must reach the office of the District Clerk or Board designee not later than
5:00 p.m. on the day of the election/vote in order that his/her vote may be canvassed.
(Continued)
2003
5160
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SUBJECT:
ABSENTEE BALLOTS (Cont'd.)
A list of all persons to whom absentee ballots have been issued shall be maintained in the office
of the District Clerk or Board designee and made available for public inspection during regular office
hours until the day of the election/vote. Any qualified voter may, upon examination of such list, file a
written challenge of the qualifications as a voter of any person whose name appears on such list,
stating the reason for such challenge. The written challenge shall be transmitted by the District Clerk
or Board designee to the election inspectors on the day of the District election/vote. In addition, any
qualified voter may challenge the acceptance of the absentee voter's ballot of any person on such list
by making his/her reasons known to the election inspector before the close of the polls.
Education Law Sections 2014, 2018-a, 2018-b,
and 2613
Adopted: 3/11/03
2003
5210
Non-Instructional/Business
Operations
SUBJECT:
REVENUES
The School District treasurer will have custody of all District funds in accordance with the
provisions of state law. The treasurer will be authorized and directed by the Board to invest the
balances available in various District funds in accordance with regulations set forth in state law.
Education Law Sections 1604(a) and 1723(a)
Adopted: 3/11/03
2004
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS
Scope
This investment policy applies to all moneys and other financial resources available for
investment by the Auburn Enlarged City School District (the "District") on its own behalf or on behalf
of any other entity or individual.
Objectives
The primary objectives of the District's investment activities are, in priority order:
a) To conform with all applicable federal, state and other legal requirements;
b) To adequately safeguard principal;
c) To provide sufficient liquidity to meet all operating and cash flow requirements; and
d) To obtain a reasonable rate of return on moneys invested.
Delegation of Authority
The Board of Education's responsibility for administration of the investment program is
delegated to the School Business Executive Official who shall establish written procedures for the
operation of the investment program consistent with these investment guidelines. Such procedures
shall include adequate internal controls, employee accountability and documentation of transactions.
The Board of Education specifically delegates to the Treasurer or the Deputy Treasurer in
consultation with the School Business Executive Official the authority to sign security and/or custodial
agreements with the designated banks and to make the day-to-day investment decisions within the
guidelines and limitations of this policy.
The above individuals are authorized to utilize the advisory services of municipal consulting
firms, with prior approval from the Board of Education, in planning the timing, amount, maturity,
bidding, placement, and reporting on any investments made hereunder.
Prudence
All participants in the investment process shall seek to act responsibly as custodians of the public
trust and shall avoid any transaction that might impair public confidence in the District to govern
effectively.
(Continued)
2005
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the safety of the principal as well as the probable
income to be derived.
All participants involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions.
Diversification
It is the policy of the District to diversify its deposits and investments by financial institution, by
investment, instrument, and by maturity scheduling.
Internal Controls
The School Business Executive Official is responsible for establishing and maintaining an
internal control structure to provide reasonable, but not absolute, assurance that deposits and
investments are safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorization and recorded properly, and that investments
are managed in compliance with applicable laws and regulations.
It is the policy of the District for all moneys collected by any officer or employee of the District
to transfer those funds to the District's Business Office for deposit within one business day, or within
the time period specified in law, whichever is shorter.
Designation of Depositories
At the District's annual reorganization meeting and at such other times as may be appropriate,
the Board of Education will designate those commercial banks and trust companies (not savings banks
or associations) authorized for the deposit of moneys and specify the maximum amount to be kept on
deposit with each depository. The Board of Education specifically prohibits using private brokerage
or investment firms. See Appendix A for the current year's depository designations.
Collateralizing of Deposits
In accordance with legal requirements, all deposits of the District, including certificates of
deposit and special time deposits, in excess of the amount insured under the provisions of the Federal
Deposit Insurance Act shall be secured by one of the following:
(Continued)
2003
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
a) A pledge of "eligible securities" as specified in Appendix B of this policy having an
aggregate market value equal to the aggregate amount of moneys on deposit.
b) An eligible irrevocable letter of credit issued by a qualified bank other than the bank with the
deposits in favor of the District for a term not to exceed 90 days with an aggregate value
equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A
qualified bank is one whose commercial paper and other unsecured short-term debt
obligations are rated in one of the three highest rating categories by at least one-nationally
recognized statistical rating organization.
c) An eligible surety bond payable to the District for an amount at least equal to 100% of the
aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance
company authorized to do business in New York State, and whose claims-paying ability is
rated in the highest rating category by at least two nationally recognized statistical rating
organizations.
Safekeeping and Collateralization
Eligible securities used for collateralizing deposits in excess of FDIC insurance limits shall be
held by the depository or a third party bank or trust company subject to appropriate security and
custodial agreements.
The security agreement shall provide that eligible securities are being pledged to secure local
government deposits together with agreed upon interest, if any, and any costs or expenses arising out
of the collection of such deposits upon default. It shall also provide the conditions under which the
securities may be sold, presented for payment, substituted or released and the events that will enable
the local government to exercise its rights against the pledged securities. In the event that the securities
are not registered or inscribed in the name of the school District, such securities shall be delivered in a
form suitable for transfer or with an assignment in blank to the Auburn Enlarged City School District
or its custodial bank.
The custodial agreement shall provide that securities held by the bank or trust company as agent
of and custodian for the District to be kept separate and apart from the general assets of the custodial
bank or trust company and will not, in any circumstances, be commingled with or become part of the
backing for any other deposit or other liabilities. The agreement should also describe how the
custodian will confirm the receipt, substitution, or release of the securities. The agreement shall
provide for the frequency of revaluation of pledged securities and for the substitution of securities
when a change in the rating of a security may cause ineligibility. Such agreement shall include all
provisions necessary to provide the local government a perfected interest in the securities.
(Continued)
2003
5220
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
Permitted Investments
The Board of Education permits the District to invest moneys not required for immediate
expenditure for terms not to exceed its projected cash flow needs in the following types of investments
authorized under General Municipal Law Section 11:
a) Interest bearing transaction accounts, including savings, money market and NOW accounts;
b) Special time deposit accounts;
c) Certificates of deposit;
d) Obligations of the United States of America;
e) Obligations guaranteed by agencies of the United States of America where the payment of
principal and interest are guaranteed by the United States of America; and
f) Obligations of the State of New York.
All investment obligations shall be payable or redeemable at the option of the District within
such times as the proceeds will be needed to meet expenditures for purposes for which the moneys
were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be
payable or redeemable at the option of the District within two years of the date of purchase.
Authorized Financial Institutions and Dealers
The District shall maintain a list of financial institutions and dealers approved for investment
purposes and establish appropriate limits to the amount of investments that can be made with each
financial institution or dealer. All financial institutions with which the District conducts business must
be credit worthy. Banks shall provide their most recent Consolidated Report of Condition at the
request of the District. Security dealers not affiliated with a bank shall be required to be classified as
reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The School
Business Executive Official is responsible for evaluating the financial position and maintaining a
listing of proposed depositories, trading partners and custodians. Such listing shall be evaluated at
least annually.
(Continued)
2003
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
Purchase of Investments
The Treasurer or Deputy Treasurer in consultation with the School Business Executive Official
is authorized to contract for the purchase of investments:
a)
Directly, including through a repurchase agreement, from an authorized trading partner;
b)
By participation in a cooperative investment program with another authorized governmental
entity pursuant to Article 5G of the General Municipal Law where such program meets all
the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the
specific program has been authorized by the Board of Education; or
c)
By utilizing an ongoing investment program with an authorized trading partner pursuant to a
contract authorized by the Board of Education.
All purchased obligations, unless registered or inscribed in the name of the District, shall be
purchased through, delivered to and held in the custody of a bank or trust company. Such obligations
shall be purchased, sold or presented for redemption or payment by such bank or trust company only
in accordance with prior written authorization from the officer authorized to make the investment. All
such transactions shall be confirmed in writing to the District by the bank or trust company. Any
obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial
agreement.
The custodial agreement shall provide that securities held by the bank or trust company as agent
of and custodian for the District will be kept separate and apart from the general assets of the custodial
bank or trust company and will not, in any circumstances, be commingled with or become part of the
backing for any other deposit or other liabilities. The agreement shall also describe how the custodian
will confirm the receipt and release of the securities. The agreement shall include all provisions
necessary to provide the local government a perfected interest in the securities.
Repurchase Agreements
Repurchase agreements are authorized subject to the following restrictions:
a)
All repurchase agreements must be entered into subject to a Master Repurchase Agreement;
b)
Trading partners are limited to banks or trust companies authorized to do business in New
York State and primary reporting dealers;
(Continued)
2003
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
c) Obligations shall be limited to obligations of the United States of America and obligations of
agencies of the United States of America where principal and interest are guaranteed by the
United States of America;
d) No substitution of securities will be allowed; and
e) The custodian shall be a party other than the trading partner.
(Continued)
2003
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
Appendix A
(2008, 2009, 2010 - 2011 Approved Financial Institutions)
Depository Name
Maximum Amount
First Niagara Commercial Bank
Total Annual General Fund Budget
Tompkins Trust Company
Total Annual General Fund Budget
M&T Bank
Total Annual General Fund Budget
Alliance Bank
Bank of America
Citizens Bank
Five Star Bank
HSBC Bank
JP Morgan Chase
Key Bank
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
$15 million in savings, money market or CD’s
Authorized Financial Institutions/
Dealers for Investment Purchases
Name
First Niagara Commercial Bank
M&T Bank
Investment Limits
Subject to repurchase agreement limitations
Subject to repurchase agreement limitations
(Continued)
2003
5220
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Non-Instructional/Business
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SUBJECT:
DISTRICT INVESTMENTS (Cont'd.)
Appendix B
Schedule of Eligible Securities for Collateral
a) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by
the United States of America, an agency thereof or a United States government sponsored
corporation.
b) Obligations issued or fully guaranteed by the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development Bank, and the
African Development Bank.
c) Obligations partially insured or guaranteed by any agency of the United States of America, at a
proportion of the Market Value of the obligation that represents the amount of the insurance or
guaranty.
d) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued
by a municipal corporation, school district or district corporation of such State or obligations of
any public benefit corporation which under a specific State statute may be accepted as security
for deposit of public moneys.
e) Obligations issued by states (other than the State of New York) of the United States rated in one
of the three highest rating categories by at least one nationally recognized statistical rating
organization.
f) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one
nationally recognized statistical rating organization.
g) Obligations of counties, cities and other governmental entities of a state other than the State of
New York having the power to levy taxes that are backed by the full faith and credit of such
governmental entity and rated in one of the three highest rating categories by at least one
nationally recognized statistical rating organization.
h) Obligations of domestic corporations rated in one of the two highest rating categories by at least
one nationally recognized statistical rating organization.
i) Any mortgage related securities, as defined in the Securities Exchange Act of 1934, as amended,
which may be purchased by banks under the limitations established by bank regulatory agencies.
j) Commercial paper and bankers' acceptances issued by a bank, other than the Bank, rated-in the
highest short term category by at least one nationally recognized statistical rating organization
and having maturities of not longer than 60 days from the date they are pledged.
k) Zero coupon obligations of the United States government marketed as "Treasury strips."
Adopted: 3/11/2003
Amended: 3/27/2007
Amended: 8/24/2010
2003
5230
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Non-Instructional/Business
Operations
SUBJECT:
ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO THE SCHOOL
DISTRICT
The Board may accept gifts, donations, grants and/or bequests of money, real or personal
property, as well as other merchandise which, in the view of the Board, add to the overall welfare of
the School District, provided that such acceptance is in accordance with existing laws and regulations.
Donations to the school are fully tax deductible so long as the gift is used exclusively for public
purposes in accordance with USC Section 170(c). However, the Board is not required to accept any
gift, grant or bequest and does so at its discretion, basing its judgment on the best interests of the
District. Furthermore, the Board will not accept any gift, grant or bequest which constitutes a conflict
of interest and/or gives an appearance of impropriety. At the same time, the Board will safeguard the
District, the staff and students from commercial exploitation, from special interest groups, and the like.
The Board will not accept any gifts or grants which will place encumbrances on future Boards,
or result in unreasonable additional or hidden costs to the District. The Board may, if it deems it
necessary, request that gifts of equipment, facilities or any item that requires upkeep and maintenance
include funds to carry out such maintenance for the foreseeable life of the donation.
The Board of Education will not formally consider the acceptance of gifts or grants until and
unless it receives the offer in writing from the donor/grantor or their attorney/financial advisor. Any
such gifts or grants donated to the Board and accepted on behalf of the School District must be by
official action and resolution passed by Board majority. The Board would prefer the gift or grant to be
a general offer rather than a specific one. Consequently, the Board would suggest that the
donor/grantor work first with the school administrators in determining the nature of the gift or grant
prior to formal consideration for acceptance by the Board. However, the Board, in its discretion, may
direct the Superintendent of Schools to apply such gift or grant for the benefit of a specific school or
school program.
The Board is prohibited, in accordance with the New York State Constitution, from making
gifts/charitable contributions with School District funds.
Gifts and/or grants of money to the District shall be annually accounted for under the trust and
agency account in the bank designated by the Board of Education.
All gifts, grants and/or bequests shall become School District property. A letter of appreciation,
signed by the President of the Board and the Superintendent, will be sent to a donor/grantor in
recognition of his/her contribution to the School District. Letters will be sent in a timely manner and
will acknowledge the possible tax deduction available to donors whose gifts qualify under IRS
regulations.
(continued)
2003
5230
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO THE SCHOOL
DISTRICT
Gift Giving
The Board of Education recognizes that gift giving, especially during the holiday season, may be
a common practice for many District employees. While the giving or exchanging of gifts may be
acceptable among staff members, the Board strongly encourages District employees and students to
show appreciation through written notes or greeting cards.
*Additionally, all business contacts will be informed that gifts exceeding seventy-five dollars
($75) to District employees will be returned or donated to charity.
New York State Constitution Article 8, Section 1
Education Law Sections 1709(12), 1709(12-a) and 1718(2)
General Municipal Law Section 805-a(1)
Adopted: 3/11/2003
Amended: 5/08/2012
2003
5240
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL TAX ASSESSMENT AND COLLECTION
A tax collection plan giving dates of warrant and other pertinent data shall be prepared annually
and submitted for review and consideration by the School Business Executive to the Board of
Education. Tax collection shall occur by mail or by direct payment to the place designated by the
Board of Education.
Delinquent Tax Collection
The Board of Education of the Enlarged City School District of Auburn hereafter and until such
action is rescinded by the Board of Education of the Enlarged City School District of Auburn, New
York, that delinquent school taxes on property located in the City of Auburn, New York, shall be paid
to the City Treasurer of the City of Auburn; and that delinquent school taxes on property located in the
towns of Fleming, Owasco, Sennett, and Aurelius within the Auburn Enlarged City School District
shall be paid to the county Treasurer of the County of Cayuga.
The provisions of Section 1326, Subdivision 3 of the Real Property Tax Law in relation to the
rates of interest payable on School District taxes remaining unpaid on the respective installment dates
are hereby suspended so that the rates of interest payable on unpaid city taxes in the City of Auburn,
New York, according to law, shall be the rates of interest payable on School District taxes remaining
unpaid on the respective installment dates.
Real Property Tax Law Sections 1300-1342
Education Law Section 2130
Adopted: 3/11/03
2003
5241
Non-Instructional/Business
Operations
SUBJECT:
PROPERTY TAX EXEMPTION FOR SENIOR CITIZENS
Unless specifically exempted by law, real property used exclusively for residential purposes and
owned by one or more persons, each of whom is sixty-five years of age or over, or real property
owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, shall be
exempt from taxation to the extent of percentum of the assessed valuation determined by the Board if
the owners meet the criteria established annually by the Board.
The real property tax exemption of real property owned by husband and wife, when one of them
is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death
of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age.
Real Property Tax Law Section 467
Adopted: 3/11/03
2003
5250
Non-Instructional/Business
Operations
SUBJECT:
SALE AND DISPOSAL OF SCHOOL DISTRICT PROPERTY
Disposal of District Personal Property
Equipment, etc.
School District equipment that is obsolete, unusable or otherwise not needed by the District shall
be declared surplus by the Board on the recommendation of the Superintendent of Schools and
disposed of by the Superintendent in a manner that is calculated to obtain the most benefit for the
District. In selling or otherwise disposing of surplus personal property, the Superintendent shall
endeavor to achieve the prudent and economical use of public moneys in the best interests of taxpayers
and to guard against favoritism, improvidence, extravagance, fraud, or corruption.
The Superintendent will be responsible for selling the surplus property in such a way so as to
bring the best price or to otherwise obtain the most beneficial terms in the public interest. The
Superintendent may obtain an independent appraisal of value in cases where he/she deems it
appropriate. The method of sale shall be chosen by the Superintendent, and may, for example, include
auction, informal solicitation of quotations, public sales, or in appropriate circumstances, private
negotiation. No officer or employee of the District may purchase surplus property at private sale.
Any public sale shall be preceded by adequate public notice. If it is determined that reasonable
attempts to dispose of the equipment have been made and such attempts have not produced an
adequate return, the Superintendent or his/her designee may dispose of the equipment in any manner
which he/she deems appropriate, within the limitations of this Policy.
Textbooks
Textbooks may lose their value to the educational program because of changes in the curriculum,
outdated material contained therein, and/or poor condition. If textbooks are no longer useful or usable,
the procedures for disposal shall adhere to the following order of preference:
a)
Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce
monetary return to the School District; then
b)
Donation to charitable organizations; or
c)
Disposal as trash.
Sale of School Real Property
No buildings or land of the District may be sold without prior approval of the Board of
Education and the voters. The Board shall determine the method of sale.
Education Law Section 2511
General Municipal Law Section 800 et seq.
Adopted: 3/11/03
2003
5310
Non-Instructional/Business
Operations
SUBJECT:
BONDING OF EMPLOYEES AND SCHOOL BOARD MEMBERS
In accordance with New York State Education Law and the Commissioner's Regulations, the
Board of Education directs that the Treasurer of the Board of Education, the tax collector and the
internal claims auditor be bonded prior to assuming their duties. Such bonds shall be in the amounts as
determined and approved by the Board of Education.
Other school personnel and members of the Board of Education authorized or required to handle
School District revenues may be covered by a blanket undertaking provided by the District in such
amounts as approved by the Board of Education based upon the recommendations of the
Superintendent or his/her designee.
Education Law Sections 1709(20-a),
1720, 2130(5), 2526, and 2527
Public Officers Law Section 11(2)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2(d)
Adopted: 03/11/2003
Amended: 11/18/2008
2003
5320
Non-Instructional/Business
Operations
SUBJECT:
EXPENDITURES OF SCHOOL DISTRICT FUNDS
The Board of Education authorizes the Purchasing Agent to expend school funds as appropriated
by approved operational and capital budgets, and by the adoption of special resolutions. He/she will
make expenditures in accordance with applicable law and in a manner that will achieve the maximum
benefit from each dollar expended.
All claims shall be properly confirmed and verified before payment.
Complete records of all expenditures shall be maintained for future analysis and reporting within
the time frame required by the Records Disposition Law or regulation.
Education Law Section 1720
Adopted: 3/11/03
2006
5321
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Non-Instructional/Business
Operations
SUBJECT: MEAL EXPENSES INCURRED DURING DISTRICT MEETINGS
In general, the provision of meals at a District meeting will not be considered as an ordinary and
necessary expense eligible for reimbursement or payment by the District.
Meals may be considered a proper municipal expense where the School District is faced with business
of an immediate nature between two or more people, and the meetings are required to be held at meal
times due to staff schedules.
▪
▪
▪
The topic(s) of the meeting must be of an immediate nature, or there must be a pressing
need to complete the business at hand;
Scheduling prevents the meeting from being held at a different time;
The meal must be provided during the meeting, not at the beginning or end
Before meal expenses for meetings can be reimbursed or paid, the following information must
accompany the invoice or claim form:
▪
▪
▪
▪
▪
Date of the meeting
Time of the meeting
Purpose of the meeting
Attendees
Reason that meal had to be served during the meeting
The Board of Education recognizes that on occasion the District will provide meals and/or
refreshments at District meetings. Examples of authorized expenditures include refreshments for staff
at opening and closing day gatherings, Superintendent’s Conference Days, and special events attended
by parents and/or students (curriculum night, parent conferences, orientation programs).
Adopted: 6/28/2005
2005
5322
Non-Instructional/Business
Operations
SUBJECT:
DISTRICT CELL PHONES
Purpose
District cell phones are provided to authorized employees for the purpose of conducting Districtrelated work activities in a manner that enhances productivity and safety and improves the costeffectiveness of District operations.
Authorization
Only authorized District employees may use District cell phones and/or District contracted cellular
services. Authorization for use and/or assignment of cellular service is required from both an
immediate supervisor and the Superintendent or his designee. Typically, cell phones will be assigned
to employees who are on-call and/or responsible for multiple sites, safety and security personnel, and
building administrators.
Personal Use/Reimbursement
District cell phones are to be used only for business related purposes. The Business Office will
monitor monthly phone bills for personal and/or excessive usage. Any expenses incurred for personal
use must be reimbursed by the user to the District at the cost incurred.
The District may enter into an agreement with an employee to allow them to utilize the districtprovided cell phone for personal usage with an agreement to reimburse the District 50% of the cost.
Safe Use of Cell Phones
Employees whose job responsibilities include regular or occasional driving are expected to refrain
from using their phone while driving. Employees whose job responsibilities include regular driving
and accepting of business calls will be provided hands-free equipment to facilitate the provisions of
this policy. Regardless of the circumstances, employees are strongly encouraged to pull off to the side
of the road and safely stop the vehicle before placing or accepting a call. Employees who are charged
with traffic violations resulting from the use of their phone while driving will be solely responsible for
all liabilities that result from such actions.
Adopted:
Amended:
6/28/2005
6/26/2012
2002
5323
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Operations
SUBJECT: DISTRICT CREDIT CARDS
The School District may obtain a credit card or cards in its name for the use of its officers and
designated employees for authorized, reimbursable, school business related expenses. Only those
officers and District personnel designated by the Board of Education shall be authorized for the use of
a District credit card.
Credit card purchases will be limited to: pre-approved reimbursable travel expenses, such as hotel
accommodations and meals; the purchase of items in an emergency or crisis situation; the purchase of
items where it is impractical to issue a purchase order.
Expenses incurred on each credit card shall be paid in such a manner as to avoid interest charges.
The credit card(s) shall be locked in a secure place in the Business Office. Each authorized user will
sign a receipt for any card placed in his/her custody and will take necessary precautions to ensure the
safeguard of the card.
Adopted: 6/28/2005
2003
5330
Non-Instructional/Business
Operations
SUBJECT:
BUDGET TRANSFERS
Within monetary limits as established by the Board, the Superintendent is authorized to transfer
funds within the budget for ordinary contingent expenses. Whenever changes are made, they are to be
incorporated in the next Board agenda for information only.
8 New York Code of Rules and Regulations
(NYCRR) Section 170.2(l)
Education Law Section 1718
Adopted: 3/11/2003
Amended: 2/2/7/2007
2003
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SUBJECT:
BORROWING OF FUNDS
The School District may borrow money only by means of serial bonds, bond anticipation notes,
capital notes, tax anticipation notes, revenue anticipation notes and budget notes as excerpted below
from Policy #5220 – District Investments.
New York State Local Finance Law Section 20
Borrowing Policy
Borrowing Purposes and Debt Instruments
a)
The local Finance Law authorized OPERATING BORROWING to cover cash flow shortfalls
including Revenue Anticipation Notes, Tax Anticipation Notes, or Budget Notes. These types of
borrowings must be authorized by the Board of Education through the adoption of a formal
borrowing resolution.
b)
CAPITAL BORROWINGS may include Bond Anticipation Notes, Statutory Installment Bonds,
and Serial Bonds. These borrowings are only authorized for items for which a Period of
Probable Usefulness has been established by the New York Legislature through Section 11.00 of
the Local Finance Law. These borrowings, generally, may only be undertaken after a positive
majority vote at the annual or special district meeting. The Board of Education must formalize
the authority for the indebtedness by adopting a legally complete form BOND RESOLUTION
prior to any borrowing. The text of the Bond Resolution, vote, and legal notices should be
prepared by a recognized bond counsel. The Board of Education hereby delegates its authority
to set the terms and conditions of any borrowing to the President of the Board of Education as
Chief Fiscal Officer of the District.
Borrowing Procedures
The Superintendent, assisted by his staff and the district financial consultant, shall make
recommendations to the Board of Education on the timing, bidding, terms and conditions, placement,
and reporting of any borrowing. Operating borrowing recommendations shall be supported by a
monthly cash flow estimate covering the time thereof and establishing the amount of such borrowing.
The Superintendent is authorized to solicit and use the services of a financial consultant and bond
counsel in planning and completing any borrowing to optimize the number of potential bids and obtain
lower market interest rates.
(Continued)
2003
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SUBJECT:
BORROWING OF FUNDS (Cont'd.)
Written Reports
All borrowing shall be documented in written reports outlining the details of each borrowing and
the interest rate bids received thereon. The written report shall first be presented to the Superintendent
who shall report thereon at the next regularly scheduled board meeting.
Legal Opinion
The use of a recognized bond counsel is hereby approved to draft the legal notices, resolution,
borrowing instruments, and render his/her approving legal opinion on the legality and tax status of the
debt instrument.
General Municipal Law Section 39
Education Law Sections 1604-a and 1723(a)
Local Finance Law Section 165
Adopted: 3/11/03
2003
5410
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Non-Instructional/Business
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SUBJECT:
PROCUREMENT POLICIES
Scope
This policy applies to all purchases of goods and services by the Auburn Enlarged City School
District (the "District").
Objectives
The primary objectives of the District's procurement policies are:
a)
To conform with all applicable legal requirements.
b)
To effectively supply all administrative units in the District with needed materials,
supplies and contracted services.
c)
To purchase competitively, without prejudice or favoritism.
d)
To obtain materials, supplies and contracted services at the lowest prices possible,
consistent with required standards of quality.
e)
To ensure that all purchases are within the framework of budgetary limitations and that
they are consistent with the educational goals and programs of the District.
f)
To seek maximum educational value for every dollar expended.
Delegation of Authority
The school business official shall have primary responsibility to establish written procedures to
support the District's procurement policies. The acquisition of services, equipment and supplies shall
be centralized under the School Business Office and shall be the responsibility of a person designated
by the Board as Purchasing Agent.
Competitive Bids
1)
As required by law, the District will follow required competitive bidding procedures when
it is known or can be reasonably expected that the aggregate amount to be spent on purchases of the
same or similar commodities, or the same type of public work, will exceed the dollar thresholds over
the course of a fiscal year. As a general guide, items of the same or similar nature which are
customarily handled by the same vendor will be treated as a single item for purposes of determining
whether the dollar threshold will be exceeded. By law, any agreement by the District for the lease of
personal property is subject to competitive bidding requirements.
(Continued)
2003
5410
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Non-Instructional/Business
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SUBJECT:
PROCUREMENT POLICIES (Cont'd.)
A statement of "General Conditions" which has been approved by the Board of Education shall
be included with all specifications submitted to suppliers for their bids and shall be incorporated in all
contracts awarded. All contracts which require public advertising and competitive bidding shall be
awarded by resolution of the Board. Contracts shall be awarded to the lowest responsible bidder who
meets specifications. The Board, however, may choose to reject any bid.
Cooperative Bidding
2)
The District may join together with others to purchase materials and supplies in bulk to get
the benefit of lower prices. Any agreement for joint purchasing entered into by the District shall
contain provisions relative to the manner of making and awarding these contracts and must conform to
the competitive bidding law. All proposals and contracts for cooperative purchasing shall be
submitted to the Board of Education for consideration and approval. The Board, at its discretion, may
approve annually the District's participation in cooperative bids with one or more BOCES.
Procurements Not Subject to Competitive Bidding
3)
Goods and services which are not required by law to be procured pursuant to competitive
bidding must be procured in a manner so as to assure the prudent and economical use of public
moneys, in the best interest of the taxpayers, to facilitate the acquisition of goods and services of
appropriate quality at the lowest possible cost under the circumstances, and to guard against
favoritism, improvidence, extravagance, fraud and corruption.
The Purchasing Agent shall have primary responsibility to determine whether a procurement of
goods or services is subject to competitive bidding. The basis for any determination that competitive
bidding is not required by law will be documented in writing and should include such evidence as
written or verbal quotes that substantiate that the price of the item or service would not exceed the
bidding limits, documentation that amounts expended in previous years for similar procurements did
not exceed bidding thresholds, documentation to support the determination whether the procurement is
a purchase or contract for public work, and other relevant information of support. Supporting
documentation will be kept on file in the District's Business Office.
Except for procurements made pursuant to General Municipal Law, Section 103(3) (through
County contracts) or Section 104 (through state contract), State Finance Law Section 175-b (from
agencies for the blind or other severely handicapped, special employment programs for the mentally ill
or veterans' workshops), Correction Law Section 186 (articles manufactured in correctional
institutions), or the items excepted herein, alternative proposals or quotations for goods and services
shall be secured by use of written requests for proposals, written quotations, verbal quotations or any
(Continued)
2003
5410
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Non-Instructional/Business
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SUBJECT:
PROCUREMENT POLICIES (Cont'd.)
other method of procurement which furthers the purposes of General Municipal Law, Section 104-b.
Appendix A provides a decision-making matrix of procedures to be followed for non-bid
procurements. Documentation will be maintained in support of each method of procurement.
Whenever any contract is awarded to other than the lowest responsible dollar offeror, the reasons
such an award furthers the purpose of General Municipal Law Section 104-b will be documented in
writing. The documentation must summarize the facts supporting the decision as to why the decision
is in the best interest of the District. The Purchasing Agent shall be responsible for ensuring the
appropriate documentation for the decision is prepared and kept on file in the District's Business
Office.
The Board of Education sets forth the following circumstances when, or types of procurements
for which, in the sole discretion of the Board, the solicitation of alternative proposals or quotations
will not be in the best interest of the District:
a)
Emergencies, where time is a critical factor
b)
Procurements for which there is no possibility of competition (sole source items)
c)
Purchase contracts for materials of less than $500 and for services of less than $1,500
d)
Public work contracts of less than $3,000
Input from School Officials
4)
Comments concerning the policies and procedures shall be solicited from officials of the
District therein involved in the procurement process prior to the enactment of the policies and
procedures, and will be solicited from time to time thereafter.
Conflict of Interest
5)
No board member, officer or employee of this District shall be interested financially in any
contract entered into by the Board of Education, except as otherwise provided by law. This shall also
preclude acceptance of any gratuities, financial or otherwise, by the above persons from any supplier
of materials or services to the District contrary to the District's Code of Ethics.
(Continued)
2003
5410
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SUBJECT:
PROCUREMENT POLICIES (Cont'd.)
Unintentional Failure to Comply
The unintentional failure to fully comply with the provisions of General Municipal Law, Section
104-b shall not be grounds to void action taken or give rise to a cause of action against the District or
any officer or employee thereof.
Lease Purchase and Installment Contract
6)
Subject to relevant legal and bidding requirements, the District may enter into leasepurchase agreements and/or installment contracts.
Alternative Formats for Instructional Materials
Preference in the purchase of instructional materials will be given to vendors who agree to
provide materials in alternative formats (i.e., any medium or format, other than a traditional print
textbook) for presentation of instructional materials that is needed as an accommodation for a student
with a disability, including students requiring Section 504 Accommodation Plans. Alternative formats
include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic
file in an approved format as defined in Commissioner's Regulations.
Geographic Preference in Procuring Local Agricultural Products
Schools participating in Child Nutrition Programs such as the National School Lunch Program,
School Breakfast Program and/or Special Milk Program are encouraged to purchase unprocessed
locally grown and locally raised agricultural products. A School District may apply an optional
geographic preference in the procurement of such products by defining the local area where this option
will be applied. The intent of this preference is to supply wholesome unprocessed agricultural
products that are fresh and delivered close to the source.
A geographic preference established for a specific area adds additional points or credits to bids
received in response to a solicitation, but does not provide a set-aside for bidders located in a specific
area, nor does it preclude a bidder from outside a specified geographic area from competing for and
possibly being awarded a specific contract.
Annual Review
The Board of Education shall annually review these policies and procedures. The school
business official shall be responsible for conducting an annual review of the procurement policy and
for an evaluation of the internal control structure established to ensure compliance with the
procurement policy.
(Continued)
2003
5410
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Non-Instructional/Business
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SUBJECT:
PROCUREMENT POLICIES (Cont'd.)
Appendix A
Procurement Decision Matrix
Type of Purchase
Competitive
Bid
Purchase Contract
Above $20,000*
X
Public Work Contract
Above $35,000**
X
Verbal Quotes:
0
3
Written
3
Quotes:
>3
RFP
Other
Exempt Procurements
Agencies for Blind/
Handicapped
Correctional Institutions
State Contract
County Contract
(a)
(a)
(a)
(a)
Purchase Contract <$20,000
Under $500
$500-$1,499
X
X
$1,500-$4,999
$5,000-$19,999
Public Work Contract <$35,000
Under $3,000
$3,000-$4,999
$5,000-$9,999
$10,000-$34,999
X
X
X
X
X
X
Emergencies
(b)
Insurance
(c)
Professional Services >$3,000
X
(d)
Second-hand Equipment from
Other Governments
(e)
Certain Food & Milk Purchases
(f)
Sole Source
(g)
* Change in NYS Limit effective 6/22/2010
** Change in NYS Limit Effective 11/12/09
2003
5410
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Non-Instructional/Business
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SUBJECT:
PROCUREMENT POLICIES (Cont'd.)
Footnotes to Procurement Matrix:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Although these purchases are exempted by law from the requirement of written or verbal
quotations or proposals, the Purchasing Agent shall document the use of the exception and
verify that the source is in the best interest of the District. Where appropriate, comparisons of
prices to catalogs or other market price comparisons will be conducted.
The emergency situation must arise out of an accident or other unforeseen occurrence or
condition and require immediate action that cannot await competitive bidding. At a minimum,
documentation will include a telephone log of verbal quotes.
While insurance coverage is not subject to competitive bidding, the District will pursue written
quotations through a bidding process or RFP. Documentation will include copies of written
quotations.
Requests for Proposal (RFP) will be required for the initial selection of professional services
and subsequently utilized at the discretion of the Board of Education.
There is a statutory exception to competitive bidding requirements for purchases of secondhand supplies, materials or equipment from Federal or NYS government entities.
Documentation will include market price comparisons (written or verbal quotes) and the name
of the government.
Subject to regulatory requirements, the District may separately purchase certain food and milk
products without competitive bidding. Documentation should be consistent with State
Education Department Regulations.
Competitive bidding may not be required if the District determines that a particular item is
required in the public interest and it is further determined that such item is available only from
one source so that no possibility of competition exists. Documentation will include evidence
of the unique benefits of the item as compared to other items available in the market, that no
other item provides substantially equivalent or similar benefits, and considering the benefits
received the cost of the item is reasonable. In addition, the documentation will evidence that
there is no possibility of competition for the procurement.
Adopted 10/09/2001; Re-Adopted 03/11/2003
Amended: 03/27/2007
Amended: 09/22/2009
Amended: 08/24/2010
Amended: 09/27/2011
2003
5510
Non-Instructional/Business
Operations
SUBJECT:
ACCOUNTING OF FUNDS
Accounting and reporting procedures shall be developed to facilitate analysis and evaluation of
the District's financial status and fixed assets. The District will use the Uniform System of Accounts
for School Districts.
Books and records of the District shall be maintained in accordance with statutory requirements.
Provision shall be made for the adequate storage, security, and disposition of all financial and
inventory records.
Financial reports will be provided to the Board in accordance with Commissioner’s Regulation
170.2.
Online Banking
The Board has entered into a written agreement with designated banks and trust companies for
online banking and electronic or wire transfers, which includes the implementation of a security
procedure for all transactions. Non-routine online transactions must be authorized by the District's
Business Official. The District Treasurer, with a separate established user name and password, will
have the authority to process online banking transactions. The Deputy Treasurer, with a separate
established user name and password, will be responsible for online banking transactions in the event
the District Treasurer is not available, or as a job responsibility delegated to him/her by the District
Treasurer. All online banking activity will be reviewed by the Business Official in conjunction with
the monthly review of bank statements. Online banking will only take place on secure District
computers located inside the Business Office.
Electronic Transactions and Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit,
record, review and reconcile electronic transactions. At least two individuals will be involved in each
transaction. Authorization and transmitting functions will be segregated and, whenever possible, the
recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for District bank accounts
which will include established procedures for authenticating wire transfer orders.
All wire transfers must be authorized by the District Treasurer or his/her designee. Dual approval
controls will be established for all wire transfer orders.
The Internal Auditor will periodically confirm that wire transfers have appropriate signatures,
verification and authorization of proper personnel.
Education Law Section 2116-a
General Municipal Law Article 2 Section 5, 5-a, 5-b, 99-b
N.Y. UCC Section 4-A-201
Adopted:
Amended:
Amended:
Amended:
Amended
3/11/2003
4/22/2009
8/24/2010
1/25/2011
11/13/2012
2011
5511
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SUBJECT:
RESERVE FUNDS
Reserve funds (essentially a legally authorized savings account designated for a specific
purpose) are an important component in the District's financial planning for future projects,
acquisitions and other lawful purposes. To this end, the District may establish and maintain reserve
funds in accordance with New York State Laws, Commissioner's Regulations and the rules and/or
opinions issued by the Office of the New York State Comptroller, as applicable. The District shall
comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New
York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number
54, Fund Balance Reporting and Governmental Fund Type Definitions.
Any and all District reserve funds shall be properly established and maintained to promote the
goals of creating an open, transparent and accountable use of public funds. The District may engage
independent experts and professionals, including but not limited to, auditors, accountants and other
financial and legal counsel, as necessary, to monitor all reserve fund activity and prepare any and all
reports that the Board may require.
Effective beginning with the fiscal year ending June 30, 2011, the classifications of Reserved
and Unreserved Fund Balance (in Governmental Funds only) will be replaced with five new Fund
Balance Classifications. These are:
Nonspendable, Restricted, Committed, Assigned and
Unassigned. As outlined in GASB 54, the new fund balance classifications indicate the level of
constraints placed upon how resources can be spent and identify the sources of those constraints.
When an expenditure is incurred for purposes for which both restricted and unrestricted fund
balances are available, the following is the order in which amounts are deemed to have been spent
(from the highest constraint level available to the lowest): First from Restricted Funds, then from
Unrestricted Funds. Within Unrestricted Funds, the following is the order in which amounts are
deemed to have been spent: First Committed Funds, then Assigned Funds, and lastly, Unassigned
Funds. Within the category of Assigned Fund Balance, the Board of Education authorizes the
district’s Purchasing Agent to assign (encumber) these funds, in accordance with the district’s
Procurement policy (#5510).
Review and Annual Report
The Audit Committee will annually review all reserve funds and make a recommendation to the
Board regarding fund levels.
The Board of Education will periodically review all reserve funds. The District will also prepare
and submit an annual report of all reserve funds to the Board of Education. The annual report shall
include the following information for each reserve fund:
a)
The type and description of the reserve fund;
b)
The date the reserve fund was established and the amount of each sum paid into the fund;
c)
The interest earned by the reserve fund;
(Continued)
2011
5511
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SUBJECT:
RESERVE FUNDS (Cont'd.)
d)
Capital gains or losses resulting from the sale of investments of the reserve fund;
c)
The total amount and date of each withdrawal from the reserve fund;
f)
The total assets of the reserve fund showing cash balance and a schedule of investments;
and
g)
An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a
recommendation regarding funding those projected needs.
The Board shall utilize the information in the annual report to make necessary decisions to
adequately maintain and manage the District's reserve fund balances while mindful of its role and
responsibility as a fiduciary of public funds.
The Superintendent shall develop any necessary and/or appropriate regulations to implement the
terms of the Board's policy.
Adopted: 6/28/2011
2003
5520
Non-Instructional/Business
Operations
SUBJECT:
EXTRA-CLASSROOM ACTIVITIES FUND
An Extra-classroom activity fund shall be established for activities conducted by students whose
financial support is raised other than by taxation or through charges of the Board of Education. All
funds in the Extra-classroom activities fund shall be kept according to standards of good financial
management with proper and adequate methods for receiving and expending extra classroom activity
funds and abiding by NYS sales tax laws. Proper books will be kept, (keeping separate and distinct
the authority to expend money from the custody of the funds), two separate and independent sets of
records of receipts and disbursements shall be maintained, one by the central treasurer and one by the
student activity treasurer, and all moneys deposited in appropriate accounts as set up by the Board of
Education. These activities accounts shall be subject to both internal and external audits.
The Board of Education shall appoint, on the recommendation of the Superintendent, persons to
fill the following positions:
Central Treasurer (Appointed for each building)
Faculty Auditor (Reports financial condition to Board of Education)
Chief Faculty Counselor (Appointed for each building, usually the building principal)
Faculty Advisor (Recommended by Chief Faculty Counselor)
At the end of the school year, it shall be the duty of the Faculty Auditor to assemble the monthly
financial reports and prepare a composite financial report listing the financial condition of each
activity for the full school year for the guidance of the Chief School Officer and the Board of
Education. At this time a review is done to close any inactive extra classroom activity accounts. An
entry is made to close the account and transfer any unused balance to the general student organization.
All transactions involving Extra-classroom funds shall be on a cash basis and no accounts shall remain
unpaid at the end of the school year.
The board of education may establish for each building (not each club), a petty cash fund for
the Extra Classroom Activity Fund by authorizing the Central Treasurer to draw a check in an amount
not to exceed $100 payable to the Chief Faculty Counselor who shall administer and be responsible for
such petty cash fund. This falls under the same regulations of the District policy 5530. The extra
classroom activity petty cash fund must be completely closed out at the end of each year and the extra
classroom activity fund shall be reimbursed by the original amount transferred to the petty cash fund.
8 New York Code of Rules and Regulations
(NYCRR) Part 172
NYSED Finance Pamphlet 2
NYS Sales Tax Laws publication 850
NY Education Law section 2503; 2554
BOE Policy #5530; #1336
Adopted: 3/11/2003
Amended: 2/27/2007
2003
5530
Non-Instructional/Business
Operations
SUBJECT:
PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS
Petty Cash Funds
Petty Cash Accounts shall be authorized by Board resolution at their annual meeting.
A petty cash fund of not more than one hundred dollars ($100) shall be maintained in the District
Office and in each school building. The petty cash box should be locked in a secured location in the
school building main office with limited access. The Building Principals will be held accountable for
this box from the time it is issued to when it is returned. A log shall be maintained in the Business
Office of those in possession of such cash. This money shall be maintained throughout the year and
must be fully returned (no less than $100) prior to the end of the school year in June.
The Treasurer will report the amount of the petty cash fund on the monthly reconciliation of cash
balances and the periodic Treasurer's report to the Board of Education.
Payments from petty cash funds may be made for materials, supplies or services only when
payment is required upon delivery. At the time of reimbursement, an itemized statement of
expenditures (claim form), together with substantiating receipts, shall be submitted with proper
approval signatures. No reimbursement can or will be made for sales tax. The maximum payout
should be for no more than $25.00. There are no prepayments from petty cash, only reimbursements.
Cash in School Buildings
Not more than $250, whether District or Extra-classroom funds, shall be held in the vault in the
main office of each District school building. Under no circumstances shall cash be left in classroom
areas or desks. The District will not be responsible for funds left unprotected.
All funds, whether District or Extra-classroom funds, shall be deposited prior to close of school
each week. Only authorized personnel designated by the building administrator shall be allowed in the
main office vault.
Education Law Section 1709(29)
8 New York Code of Rules and Regulations
(NYCRR) Section 170.4
Adopted: 3/11/2003
Amended: 2/27/2007
2003
5540
Non-Instructional/Business
Operations
SUBJECT:
PUBLICATION OF THE DISTRICT'S ANNUAL FINANCIAL STATEMENT
The Board of Education shall publish a full and detailed account of all monies received by the
Board or the Treasurer of the district for its account and use, and all of the money expended therefore,
giving the items of expenditure in full.
The account shall be published in the official District newspaper within three months after the
close of the fiscal year.
Education Law Section 2528
Commissioner's Regulations Section 170.2
Adopted: 3/11/03
2009
5550
Non-Instructional/ Business
Operations
SUBJECT:
MAINTENANCE OF FISCAL EFFORT (TITLE I PROGRAMS)
The District, a Local Educational Agency (LEA), may receive its full allocation of Title I funds
if the combined fiscal effort per student or the aggregate expenditures of state and local funds with
respect to the provision of free public education in the (LEA) for the preceding fiscal year was not less
than ninety percent (90%) of the combined fiscal effort per student or the aggregate expenditures for
the second preceding fiscal year.
In determining an LEA's compliance with the maintenance of effort requirement, the State
Educational Agency (SEA) shall consider the LEA's expenditures from state and local funds for free
public education. These include expenditures for administration, instruction, attendance, health
services, student transportation services, plant operation and maintenance, fixed charges, and net
expenditures to cover deficits for food services and student body activities.
The SEA shall not consider the following expenditures in determining an LEA's compliance with
the maintenance of effort requirements:
1)
Any expenditures for community services, capital outlay, and debt service;
2)
Any expenditures made from funds provided by the federal government for which the LEA
is required to account to the federal government directly or through the SEA.
The Board of Education assigns the School Business Official the responsibility of reviewing, as
part of the budgeting process, combined fiscal effort so that expenditures of state and local funds with
respect to the provision of free public education per student and in the aggregate for any fiscal year are
not budgeted at less than ninety percent (90%) of the combined fiscal effort per student or the
aggregate of expenditures for the preceding fiscal year.
Title I of the Elementary and Secondary
Education Act of 1965, as amended by the
No Child Left Behind Act of 2001
34 Code of Federal Regulations (C.F.R.) Part 200
Adopted: 4/22/2009
2003
5560
Non-Instructional/Business
Operations
SUBJECT:
USE OF DISTRICT FUNDS FOR PARTISAN POLITICAL ACTIVITY
The Board of Education prohibits the use of federal funds received by the District, the use of
other District funds, and the use of other District property for partisan political purposes of any kind.
In addition, no District employee may use his or her official authority or influence for the
purpose of interfering with or affecting the result of any election or nomination for office or to directly
or indirectly coerce, attempt to coerce, command, or advise another District employee to pay, lend or
contribute anything of value to a party, committee, organization, lobbyist, agency or person for
partisan political purposes.
Adopted: 3/11/03
2005
5570
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Non-Instructional/Business
Operations
SUBJECT:
FINANCIAL ACCOUNTABILITY: ALLEGATIONS OF FRAUD
Reporting and Investigations of Allegations of Fraud
All Board members and officers, District employees and third party consultants are required to
abide by the District's policies, administrative regulations and procedures in the conduct of their
duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the
course of District operations and practices. Any individual who has reason to believe that financial
improprieties or wrongful conduct is occurring within the School System is to disclose such
information according to the reporting procedures established by the District. The reporting
procedures will follow the chain of command as established within the department or school building
or as enumerated in the District's Organizational Chart. In the event that the allegations of financial
improprieties/fraud and/or wrongful conduct concern the investigating official, the report shall be
made to the next level of supervisory authority. If the chain of supervisory command is not sufficient
to ensure impartial, independent investigation, allegations of financial improprieties/fraud and/or
wrongful conduct will be reported as applicable, to the Internal Auditor (if available), or the
Independent (External) Auditor, or the School Attorney, or the Board of Education. The District's
prohibition of wrongful conduct, including fraud, will be publicized within the District as deemed
appropriate; and written notification will be provided to all employees with fiscal accounting/oversight
and/or financial duties including the handling of money.
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the
Board or designated employee(s) will conduct a thorough investigation of the charges. However, even
in the absence of a report of suspected wrongful conduct, if the District has knowledge of, or reason to
know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will
investigate such conduct promptly and thoroughly. To the extent possible, within legal constraints, all
reports will be treated as confidentially and privately as possible. However, disclosure may be
necessary to complete a thorough investigation of the charges and/or to notify law enforcement
officials as warranted, and any disclosure will be provided on a "need to know" basis. Written records
of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
Based upon the results of this investigation, if the District determines that a school official has
engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary
measures will be applied, up to and including termination of employment, in accordance with legal
guidelines, District policy and regulation, and any applicable collective bargaining agreement. Third
parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will
be subject to appropriate sanctions as warranted and in compliance with law. The application of such
disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as
may be warranted. Rather, when school officials receive a complaint or report of alleged financial
improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be
immediately notified.
(Continued)
2006
5570
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Non-Instructional/Business
Operations
SUBJECT: FINANCIAL ACCOUNTABILITY: ALLEGATIONS OF FRAUD (Cont'd.)
An appeal procedure will also be provided, as applicable, to address any unresolved complaints
and/or unsatisfactory prior determinations by the applicable investigating officer(s).
Protection of School Employees who Report Information Regarding Illegal or Inappropriate
Financial Practices
Any employee of the School District who has reasonable cause to believe that the fiscal practices
or actions of an employee or officer of the District violates any local, state, federal law or rule and
regulation relating to the financial practices of the district, and who in good faith reports such
information to an official of the district, the District’s Fraud Hotline, the District Medicaid
Compliance Officer, or to the Office of the State Comptroller, the Commissioner of Education, or to
law enforcement authorities, shall have immunity from any civil liability that a may arise from the
making of such report, Further, neither the School District, not employee or officer thereof, shall take,
request, or cause a retaliatory action against any such employee who makes such a report.
The Board prohibits any retaliatory behavior directed against any witnesses and/or any other
individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal
practices or actions. Follow-up inquiries shall be made to ensure that no reprisals or retaliatory
behavior has occurred to those involved in the
investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the
District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to
allegations of financial improprieties/fraud may also face appropriate disciplinary action.
Civil Service Law Section 75-b
Education Law Section 3028-a
Adopted:
Amended:
6/28/2005
8/24/2010
2003
5574
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Non-Instructional/Business
Operations
SUBJECT:
MEDICAID COMPLIANCE PROGRAM POLICY
The School District shall comply with New York State and federal laws and regulations related
to the School District's participation as a provider of care, services or supplies under the Medicaid
program.
The School District as a provider receiving or submitting Medicaid claims of at least $500,000 in
any consecutive twelve-month period, has established and implemented a Medicaid Compliance
Program designed to detect and prevent fraud, waste and abuse.
As required by the New York State Office of the Medicaid Inspector General (hereinafter
referred to as the OMIG), the School District's Medicaid Compliance Program is comprised of the
following core elements:
1.
Written policies and procedures that describe compliance expectations as embodied in a
code of ethics applicable to all School District personnel, including Board members. Such
compliance expectations or standards of conduct shall include provisions designed to:
implement the operation of the Medicaid Compliance Programs; provide guidance to
employees and others on dealing with potential compliance issues; identify how to
communicate compliance issues to appropriate personnel; and describe how issues are
investigated and resolved;
2.
A designated employee who will be responsible for the day-to-day operation of the
Medicaid Compliance Program. This employee's job duties may be exclusively related to
Medicaid compliance issues or may be combined with other duties, provided that the
Medicaid compliance portions of the employee's duties are satisfactorily fulfilled. The
designated employee shall report directly to the School District Superintendent or the
Superintendent's designee and shall also periodically report directly to the Board of
Education on the School District's Medicaid Compliance Program activities;
3.
Training and education of all affected School District employees and other persons
associated with the School District's Medicaid Compliance Program, including, but not
limited to, members of the District's Board of Education. Such training shall occur
periodically and shall be made a part of any required training or orientation for new
employees, Board members, volunteers and/or others on dealing with the School District's
Medicaid Compliance Program;
4.
Communication lines and processes directed to the School District's designated employee
who will be responsible for the day-to-day operation of the Medicaid Compliance Program.
Such communication lines and processes shall be accessible to all School District
employees, Board members, volunteers and others associated with the School District's
Medicaid Compliance Program. The communication lines and processes are designed to
allow employees to report compliance issues, including the anonymous and confidential
good faith reporting of any practice or procedure related to Medicaid reimbursement of
school or preschool supportive health services, that an employee believes is inappropriate;
(Continued)
2010
5574
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Non-Instructional/Business
Operations
SUBJECT:
MEDICAID COMPLIANCE PROGRAM POLICY (Cont'd.)
5.
Disciplinary procedures that encourage good faith and fair dealing in the School District's
Medicaid Compliance Program by all affected individuals. Such disciplinary procedures
shall include procedures that articulate expectations for reporting and assisting with the
resolution of compliance issues and also provide sanctions for the failure to report
suspected problems and participating (either actively or passively) in non-compliant
behavior;
6.
A system for the routine identification of Medicaid compliance risk areas in the School
District's Medicaid Compliance Program. Self-evaluation of such risk areas may be
accomplished by, but not necessarily limited to, internal audits and external audits, as
appropriate;
7.
A system for responding to, investigating, correcting and reporting compliance issues as
they are raised, including the development of procedures and systems to reduce the
potential for recurrence, identifying and reporting compliance issues to the OMIG and
refunding overpayments; and
8.
A policy of non-intimidation and non-retaliation against any person for the good faith
participation in any aspect of the administration of the School District's Medicaid
Compliance Program including, but not limited to, the reporting of potential issues,
assisting as a witness with any investigation, evaluation, audit, remedial actions or
reporting to appropriate officials as provided in Sections 740 and 741 of the New York
State Labor Law.
Social Services Law Section 363-d
18 NYCRR Part 521
NOTE:
Refer also to Policies
Adopted: 4/6/2010
# 1350 Audit Committee
# 1351 Internal Audit
# 5570 Financial Accountability
# 6110 Code of Ethics for Board Members and All District
Personnel
District Medicaid Compliance Program
2003
5610
Non-Instructional/Business
Operations
SUBJECT:
INSURANCE
The objective of the Board of Education is to obtain the best possible insurance at the lowest
possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate
coverage is being provided regarding fire, boiler, general liability, bus and student accident insurance.
The Board shall carry insurance to protect the District's real and personal property against loss or
damage. This property shall include school buildings, the contents of such buildings, school grounds
and automobiles.
The Board may also purchase liability insurance to pay damages assessed against Board
members and District employees acting in the discharge of their respective duties, within the scope of
their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in
a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes.
The Superintendent shall review the District's insurance program annually and make recommendations
to the Board if more suitable coverage is required.
Public Officers Law Section 18
General Municipal Law Sections 6-n and 52
Education Law Sections 1709(8) and (26) and
(34-b), 3023, 3028, and 3811
Adopted: 3/11/03
2003
5620
Non-Instructional/Business
Operations
SUBJECT:
INVENTORIES
The Superintendent or his/her designee shall be responsible for maintaining a continuous and
accurate inventory of equipment owned by the District in accordance with "The Uniform System of
Accounts for School Districts."
All supplies and equipment purchased and received by the School District shall be checked,
logged, and stored through an established procedure.
Uniform System of Accounts for School
Districts (Fiscal Section)
Adopted: 3/11/03
2003
5621
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Non-Instructional/Business
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SUBJECT:
ACCOUNTING OF FIXED ASSETS
The School Business Official shall be responsible for accounting for general fixed assets
according to the procedures outlined by the Uniform System of Accounts for School Districts. These
accounts will serve to:
a)
Maintain a physical inventory of assets;
b)
Establish accountability;
c)
Determine replacement costs; and
d)
Provide appropriate insurance coverage.
All fixed assets carrying a minimum value of $1,500 that have a useful life of one year or more
and physical characteristics which are not appreciably affected by use or consumption shall be
inventoried and recorded on an annual basis. Fixed assets shall include land, buildings, equipment and
materials.
Assets shall be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed
assets shall be recorded at estimated fair value at the time of the gift. A property record will be
maintained for each asset and will contain, where possible, the following information:
a)
Date of acquisition;
b)
Description;
c)
Cost or value;
d)
Location;
e)
Funding source;
f)
Responsible official;
g)
Estimated useful life;
h)
Date and method of disposition.
The School Business Official shall arrange for a physical inventory and appraisal of School
District property, equipment and material at least once every twenty-four months. Any discrepancies
between an inventory and the District's property records on file should be traced and explained.
(Continued)
2003
5621
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Non-Instructional/Business
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SUBJECT:
ACCOUNTING OF FIXED ASSETS
Equipment Acquired Under a Federal Government Grant
The School district shall comply with the U.S. Department of Education regulations governing
the use, management requirements and disposition of any and all equipment acquired through a federal
government grant. These Federal Education Department General Administrative Regulations
(collectively known or referred to as EDGAR) comprise parts 74 through 99 of Title 34 of the Code of
Federal Regulations (CFR).
Equipment Purchases with Extraclassroom Funds
Title to all equipment with extraclassroom activity funds shall reside with the district and be
carried as an insurable asset on its list of insurable values. Such equipment shall be tagged as District
property, but is available for exclusive use by the extraclassroom activity club acquiring the item.
34 Code of Federal Regulations (CFR) 80.32
Adopted: 3/11/2003
Amended: 4/22/2009
Amended: 8/24/2010
2009
5630
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Operations
SUBJECT:
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE
Operation and Maintenance
The District’s Superintendent is charged with the responsibility for administering plant
operations in the most efficient and economical manner possible, while placing high priority on health
and safety of students and conservation of natural resources.
The Board, through the Superintendent and his/her staff, has the responsibility of protecting the
District investment in plant and facilities through a systematic maintenance program.
It is expected that the program shall include periodic preventive maintenance activities, longrange maintenance schedules and emergency repair procedures. It is further expected that all
maintenance work will be carried out in a manner that will cause the least interference with the
educational program.
Construction and Remodeling of School Facilities
All capital projects and maintenance must assure compliance with the requirements of the New
York State Uniform Fire Prevention and Building Code, the Manual of Planning Standards and the
Regulations of the Commissioner of Education. All new buildings must be formally submitted no
matter the size or cost. The New York State Education Department Office of Facilities Planning has
provided an Instruction Guide at website: http://www.emsc.nysed.gov/facplan/ProjMgmt.htm
Plans and specifications for the erection, enlargement, repair or remodeling of facilities of the
School District shall be submitted to the Commissioner when the contemplated construction costs of
such work are ten thousand dollars ($10,000) or more, and for all projects affecting the health and
safety of students.
Plans and specifications submitted to the Commissioner shall bear the signature and seal of an
architect or engineer licensed to practice in the State of New York. The architect or engineer who
sealed the plans and specifications shall also certify that the plans and specifications conform to the
standards set forth in the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1220
through 1226) and the State Energy Conservation Construction Code (19 NYCRR Part 1240).
For remodeling or construction projects costing five thousand dollars ($5,000) or more, the
District shall assure compliance with the requirements of the State Uniform Fire Prevention and
Building Code (19 NYCRR Parts 1220 through 1226) and Commissioner's Regulations Part 155, and
shall retain the services of an architect or engineer licensed to practice in New York State.
For remodeling or construction projects costing less than five thousand dollars ($5,000), the
District shall assure compliance with the requirements of the State Uniform Fire Prevention and
Building Code (19 NYCRR Parts 1220 through 1226) and Commissioner's Regulations Part 155.
(Continued)
2009
5630
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SUBJECT:
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
Pursuant to Labor Law, the District must collect and maintain sworn to or affirmed as true
payroll records of contractors and subcontractors on district capital projects and preserve such records
for a pay period of five (5) years from the completion of the work on the awarded contract. Districts
must designate in writing a district employee who will be responsible for receiving, collecting and
reviewing payrolls of contractors and subcontractors for validity as well as a designee should that
individual be unable to perform such duties for any reason. The names of these individuals and their
designation shall be conspicuously posted at the project site.
Public Works Bidding Requirements
a)
b)
Pursuant to General Municipal Law, competitive bidding requirements now provide that:
1.
An apparent low bidder that submits a bid which is 10% or more lower than the next lowest
bid submitted must be presumed to be ineligible to receive the contract award. To rebut this
presumption, the District must require, and the apparent low bidder must submit, a signed
statement that meets the requirements set forth in law.
2.
When determining whether a prospective contractor may receive an award, the District
must consider whether the contractor will comply with the requirements of the Labor Law
concerning the payment of prevailing wages and supplements, or any other provision of
law, and require its subcontractors to do the same.
3.
Prospective contractors with a prior violation of the Labor Law within the past five years
must be presumed to not be able to comply with that law during the performance of the
contract. To rebut this presumption, the prospective contractor must submit a signed sworn
statement that meets the requirements set forth in law. Those requirements are the same
ones applicable to presumptively invalid low bids.
Pursuant to Labor Law which requires, in part, that every contract for a public work project
contain a term stating that the filing of payrolls in a manner consistent with statutory
requirements is a condition precedent to the payment of any sums due and owing to any person
for work done upon the project.
Inspections
The administration of the School System shall cooperate with appropriate officials conducting
health, fire, asbestos, bus, and boiler inspections. The administration shall keep the Board of
Education informed of the results of such inspections in a timely fashion.
In accordance with law, local building inspectors may not enter District premises at any time
they wish. Only the Fire Safety Inspector conducting the Annual Fire Safety Inspection may enter
District premises for inspections.
(Continued)
2009
5630
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Non-Instructional/Business
Operations
SUBJECT:
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
In addition, per the requirements of the Asbestos Hazard Emergency Response Act (AHERA),
the District will at least once each school year inform all employees and building occupants (or their
legal guardians) about all asbestos inspections, response actions, post-response action activities, as
well as triennial re-inspection activities and surveillance activities that are either planned or in
progress. Written notice will be provided in the District newsletter and will be filed in the District
asbestos management plan.
Comprehensive Public School Building Safety Program (Rescue)
To ensure that all school facilities are properly maintained and preserved and provide suitable
educational settings, the Board of Education requires that all occupied school facilities which are
owned, operated or leased by the District comply with the provisions of the Comprehensive Public
School Safety Program and the Uniform Code of Public School Building Inspections, Safety Rating
and Monitoring as prescribed in Commissioner's Regulations. For this reason, the School District shall
develop a Comprehensive Public School Building Safety Program in accordance with Commissioner's
Regulations.
The program shall be reevaluated and made current at least annually, and shall include the
following:
a)
A five (5) year capital facilities plan which will include an appraisal of the following: the
educational philosophy of the District, with resulting administrative organization and
program requirements; present and projected student enrollments; space use and State-rated
student capacity of existing facilities; the allocation of instructional space to meet the
current and future education program and service needs, and to serve students with
disabilities in settings with nondisabled peers; priority of need of maintenance, repair or
modernization of existing facilities, including consideration of the obsolescence and
retirement of certain facilities; and the provision of additional facilities.
b)
A District-wide building inventory, which will include information pertaining to each
building including, but not limited to:
c)
1.
Type of building, age of building, size of building;
2.
Rated capacity, current enrollment;
3.
List of energy sources and major systems (lighting, plumbing, electrical, heating);
and
4.
Summary of triennial Asbestos Inspection reports.
Annual Visual Inspections:
(Continued)
2009
5630
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Non-Instructional/Business
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SUBJECT:
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
1.
An annual visual inspection of each occupied building and assignment of a safety
rating score. The inspection committee must include a state certified code
enforcement official, the District's Facility Director or designee, and a member of the
District's Health and Safety Committee.
2.
The Commissioner shall require a re-inspection of school buildings where a report of
inspection identified violations that, if uncorrected, would cause the department to
deny an annual Certificate of Occupancy to such school building, and shall require
additional re-inspections until it is demonstrated to the satisfaction of the
Commissioner that said violations have been corrected.
d)
A building condition survey shall be conducted for all occupied school buildings once
every five (5) years by a team that includes at least one (1) licensed architect or engineer.
e)
A District-wide monitoring system which includes:
f)
1.
Establishing a Health and Safety Committee;
2.
Development of detailed plans and a review process of all inspections;
3.
Procedures for a response in writing to all inquiries about building health and safety
concerns, a copy of which will be sent to the District's Health and Safety Committee
for oversight, and a copy kept on permanent file.
Procedures to ensure the safety of the building occupants while a construction/renovation
project is taking place. These procedures will include:
1.
Notification to parents, staff and the community at least two (2) months in advance of
a construction project of ten thousand dollars ($10,000) or more to be conducted in a
school building while the building is occupied; provided, however, that in the case of
emergency construction projects, such notice shall be provided as far in advance of
the start of construction as is practicable;
2.
A plan to ensure that all contractors comply with all health and safety issues and
regulations, and wear photo identification badges;
3.
An opportunity for the District's Health and Safety Committee to conduct a walkthrough inspection of newly renovated or constructed areas to confirm that the area is
ready to be reopened for use; and
4.
An emergency plan which will address potential concerns with the capital project
including, but not limited to, evacuation procedures, fire drills, and structural failures.
(Continued)
2009
5630
5 of 5
Non-Instructional/Business
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SUBJECT:
FACILITIES: INSPECTION, OPERATION AND MAINTENANCE (Cont'd.)
School Facility Report Cards
The School District shall prepare an annual School Facility Report Card for each occupied
school building, including a description of the activities of the District's Health and Safety Committee.
The School Facility Report Card for each building shall be reviewed annually by the Board of
Education. The Board shall report in a public meeting on the status of each item set forth in
Commissioner's Regulations for each facility located in the District.
Asbestos Inspection:
40 Code of Federal Regulations (CFR) Part 763, Subpart E
Education Law Article 9-A
Bidding Requirements
General Municipal Law Section 103(7)
Labor Law Sections 220(3-a) and (3)(d)(iv)
Fire Inspection:
Education Law Section 807-a
8 New York Code of Rules and Regulations (NYCRR) Section 155.4
Health and Safety Committee:
8 New York Code of Rules and Regulations (NYCRR) Section 155.6(c)(17)
Health Inspection:
Education Law Section 906
Plans and Specifications:
Education Law Sections 408, 408-a and 409
Labor Law Sections 220(3-a)(a)(iii) and 220(5)
8 New York Code of Rules and Regulations (NYCRR) Sections 155.1 and 155.2
19 New York Code of Rules and Regulations (NYCRR) Sections 1220-1240
Structural Safety Inspections:
Education Law Sections 409-d, 409-e, 3602 and 3641(4)
8 New York Code of Rules and Regulations (NYCRR) Sections 155.1, 155.3, 155.4(b)(1) and 155.6
Adopted: 3/11/2003
Amended: 4/22/2009
2003
5631
Non-Instructional/Business
Operations
SUBJECT:
HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY
EMPLOYEES
The Board of Education recognizes the need to protect human health and the environment from
damage resulting from the improper handling of hazardous wastes.
The management of hazardous waste from its point of generation to the ultimate disposal is
regulated through specific Federal and State laws.
The Board directs the Superintendent to adopt rules to insure District implementation of
applicable Federal and State laws pertaining to the identification, transportation, treatment, storage,
and disposal of hazardous wastes.
Environmental Protection Agency
40 Code of Federal Regulations (CFR) 261 and 262
6 New York Code of Rules and Regulations
(NYCRR) Part 371
Adopted: 3/11/03
2003
5640
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
SMOKING/TOBACCO USE
School Grounds
Tobacco use shall not be permitted and no person shall use tobacco on school grounds or within
one hundred (100) feet of the entrances, exits, or outdoor areas of any public or private elementary or
secondary schools. However, this shall not apply to smoking in a residence, or within the real property
boundary lines of such residential real property. For purposes of this policy, "school grounds" means
any building, structure, and surrounding outdoor grounds, including entrances or exits, contained
within the District's preschool, nursery school, elementary or secondary school's legally defined
property boundaries as registered in the County Clerk's Office; as well as all District vehicles,
including vehicles used to transport children or school personnel.
For purposes of this policy, tobacco is defined to include any lighted or unlighted cigarette,
cigar, cigarillo, pipe, bidi, clove cigarette, spit/spitless tobacco and any other smoking or tobacco
product, (smokeless, dip, chew, snus and/or snuff) in any form.
The use of e-cigarettes and any other products containing nicotine, except for current FDAapproved smoking cessation products, are also prohibited.
Off-School Grounds
Tobacco use is prohibited by students at any school-sponsored event or activity off school
grounds.
Posting/Notification of Policy
In compliance with the New York State Clean Indoor Air Act, the District will prominently post
its Smoking/Tobacco Use policy and signs prohibiting all forms of tobacco products in District
buildings and other appropriate locations; and will supply a copy upon request to any current or
prospective employee. The District will also designate a school official to tell individuals who smoke
in a non-smoking area that they are in violation of the New York State Public Health Law, Education
Law, the federal Pro-Children Act of 1994 and District policy.
The District shall also ensure that this policy is communicated to staff, students,
parents/guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the
District's "No Smoking" Policy and environment.
Prohibition of Tobacco Promotional Items/Tobacco Advertising
Tobacco promotional items (e.g., brand names, logos and other identifiers) are prohibited:
a)
On school grounds;
(Continued)
2003
5640
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
SMOKING/TOBACCO USE (Cont'd.)
b)
In school vehicles;
c)
At school-sponsored events, including those that take place off school premises and in
another state;
d)
In school publications;
e)
On clothing, shoes, accessories, gear, and school supplies in accordance with the District
Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco promotional items shall be implemented in accordance with the Code
of Conduct and applicable collective bargaining agreements.
In addition, tobacco advertising is also prohibited in all school-sponsored publications and at all
school sponsored events. The District will request, whenever possible, tobacco free editions of
periodical publications for school libraries and classroom use.
Safe and Drug-Free Schools and Communities Act, 20 USC Section 7101 et seq.
Pro-Children Act of 2001, as amended by the No Child Left Behind Act of 2001, 20 USC
Sections 7181-7184
Education Law Sections 409, 2801(1) and 3020-a
Public Health Law Article 13-E
NOTE:
Refer also to Policies #3280 -- Use of School Facilities, Materials and Equipment
#3410 -- Code of Conduct on School Property
#7320 -- Alcohol, Tobacco, Drugs, and Other Substances (Students)
#8211 -- Prevention Instruction
District Code of Conduct on School Property
Adopted: 3/11/2003
Amended: 11/13/2012
2003
5650
Non-Instructional/Business
Operations
SUBJECT:
ENERGY/WATER CONSERVATION AND RECYCLING OF SOLID WASTE
The Board of Education recognizes the importance of energy and water conservation and is
committed to the analysis, development, and initiation of conservation measures throughout the
District for the purpose of reducing energy consumption.
Recycling
The Superintendent will develop a program for the source separation and segregation of
recyclable or reusable materials in the District. This District-wide recycling plan shall include:
a)
A conservation education program to teach students about their social responsibility for
preserving our resources, and involvement of all students and personnel in a
comprehensive effort to reduce, reuse and recycle waste materials;
b)
A concerted effort to purchase recycled items and biodegradable rather than nonbiodegradable products;
c)
Separation of waste into appropriate categories for the purpose of recycling;
d)
A cooperative effort with community recycling programs.
General Municipal Law Section 120-aa
Adopted: 3/11/03
2003
5660
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL FOOD SERVICE PROGRAM (LUNCH AND BREAKFAST)
The Board has entered into an agreement with the New York State Education Department to
participate in the National School Lunch and Breakfast Programs and to receive commodities donated
by the Department of Agriculture and to accept responsibility for providing free and reduced price
meals to elementary and secondary students in the schools of the District.
The Superintendent or his/her designee shall have the responsibility to carry out the rules of the
School Lunch and Breakfast Programs. The determination of which students are eligible is the
responsibility of the Superintendent or his/her designee. Appeals regarding eligibility should be
submitted to the Superintendent or his/her designee.
Free or reduced price "Type A" school meals may be allowed for qualifying students attending
Auburn Enlarged City schools upon written application of the student's parent or guardian.
Applications will be provided by the School District.
Procedures for the administration of the free and reduced price meal program of this School
District will be the same as those prescribed in current state and federal laws and regulations.
Child Nutrition Program
Because of the District's participation in the child nutrition program, the Board of Education
approves the establishment of a system to allow a student to charge a meal. The Superintendent is
directed to develop rules which address:
a)
What can be charged;
b)
The limit on the number of charges per student;
c)
The system used for identifying and recording charged meals;
d)
The system used for collection of repayments.
Restriction of Sweets in School
The sale of sweetened foods will be prohibited from the beginning of the school day until the end
of the last scheduled meal period.
(Continued)
2003
5660
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL FOOD SERVICE PROGRAM (LUNCH AND BREAKFAST) (Cont'd.)
Sweetened foods consist of sweetened soda water, chewing gum, candy, including hard candy,
jellies, gum, marshmallow candies, fondant, licorice, spun candy, candy coated popcorn, and water ices
except those which contain fruit or fruit juices.
Education Law Sections 915, 1709(22) and (23)
National School Lunch Act 1946
Child Nutrition Act 1966
Adopted: 3/11/03
2006
5661
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Non-Instructional/Business
Operations
AS RECOMMENDED BY DISTRICT WELLNESS COMMITTEE on May 31, 2006
SUBJECT:
DISTRICT WELLNESS POLICY
The District is committed to providing a school environment that promotes and protects children's
health, well-being, and the ability to learn by fostering healthy eating and physical activity. The
District established a Wellness Committee to develop the District's proposed local Wellness Policy,
making such policy recommendations for review and adoption by the Board of Education. The
District's Wellness Committee includes representatives from each of the following groups:
a)
Parents
b)
Students
c)
The District's food service program
d)
School Board
e)
School administrators
The District Wellness Committee has assessed current activities, programs and policies available
in the District; identified specific areas of need within the District; developed the policy; and provided
mechanisms for implementation, evaluation, revision and updating of the policy. The Wellness
Committee is established to represent the community’s perspective in developing the Wellness Policy
for the District.
Goals to Promote Student Wellness
Taking into account the parameters of the School District (academic programs, annual budget,
staffing issues, and available facilities) as well as the community in which the District is located (the
general economy; socioeconomic status; local tax bases; social cultural and religious influences;
geography; and legal, political and social institutions) the Wellness Committee recommends the
following District goals relating to nutrition education, physical activity and other school-based
activities:
2006
5661
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Non-Instructional/Business
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SUBJECT:
*DISTRICT WELLNESS POLICY (Cont'd.)
Nutrition Education
The District will provide nutrition education to facilitate the voluntary adoption of healthy eating
habits and other nutrition-related behaviors conducive to health and well-being by establishing the
following standards:
 Students in grades K-12 receive nutrition education that is interactive and teaches the skills they
need to adopt healthy eating behaviors
 Students receive consistent nutrition messages throughout schools, classrooms, and cafeterias
 District health education curriculum standards and guidelines include both nutrition and
physical education
 Nutrition is integrated into health education or other curricula
 Schools conduct nutrition education activities and promotions that involve parents, students and
the community
Physical Activity
The District will provide opportunities for every student to develop the knowledge and skills for
specific physical activities, to maintain physical fitness, to regularly participate in physical activity, and
to understand the short-term and long-term benefits of a physically active and healthy lifestyle.
 Students are given opportunities for physical activity during the school day through physical
education classes, daily recess periods for elementary school students, and the integration of
physical activity into the academic curriculum
 Students are given opportunities for physical activity through a range of before- and /or
after-school programs including, but not limited to, intramurals, interscholastic athletics,
and physical activity clubs
 Schools work with the community to create ways for students to walk or bike safely to and
from school
 Schools encourage parents and guardians to support their children’s participation in physical
activity, to be physically active role models, and to include physical activity in family
events
 Schools provide training to enable teachers, and other school staff to promote enjoyable,
lifelong physical activity among students
2006
5661
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Non-Instructional/Business
Operations
SUBJECT:
*DISTRICT WELLNESS POLICY (Cont'd.)
Other School-based Activities
The District wishes to establish a school environment that presents consistent wellness messages and
is conducive to healthy eating and physical activity for all.
 Dining Environment
o The schools provide a clean, safe, enjoyable meal environment for students
o The schools provide enough space and serving areas to ensure all students have access to
school meals with minimum wait time
o Drinking fountains are available in all schools, so that students can get water at meals and
throughout the day
o The District encourages all students to participate in school meal programs and protects the
identity of students who eat free and reduced price meals
o Schools schedule lunch time as near the middle of the school day as possible
o Students have adequate time to enjoy their meals at school
 Food or Physical Activity as a Reward or Punishment
o The District discourages the use of food as a reward or punishment in schools
o The District discourages the denial of student participation in recess or other physical
activities as a form of discipline or for classroom make-up time
 Consistent School Activities and Environment
o Schools’ fundraising efforts are supportive of healthy eating and promote physical activity
o The District provides opportunities for on-going professional training and development for
all staff in the areas of nutrition and physical education
o The District, where possible, keeps physical activity facilities open for use by staff and
students outside school hours
o The District encourages parents, teachers and staff to serve as role models in practicing
healthy eating and being physically active, both in school and at home
2006
5661
4 of 5
Non-Instructional/Business
Operations
SUBJECT:
*DISTRICT WELLNESS POLICY (Cont'd.)
Nutrition Guidelines
The following nutrition standards are recommended for all foods available to students during the
school day based upon the unique needs of the student body and the community. The goal is to
encourage healthy lifelong eating habits by providing foods that are high in nutrients, low in fat and
added sugars, and of moderate portion size.
Nutritional Values of Foods and Beverages
a)
Reimbursable school meals served at school must meet the program requirements and nutrition
standards of the National School Lunch Program.
http://www.access.gpo.gov/nara/cfr/waisidx_05/7cfr210_05.html
Guidelines for reimbursable school meals shall not be less restrictive than applicable federal
regulations and guidance issued pursuant to the Child Nutrition Act and the Richard B. Russell
National School Lunch Act, as those regulations and guidance apply to schools.
b)
Competitive Food Standards (Student Vending Machines or A la Carte Offerings):
Per serving guidelines:
1) Calories from total fat –7g or less; 30% of total calories from fat
2) Calories from saturated fat- 2g or less; 10% of total calories from sat/trans fat
3) Total sugar – 15g or less
4) Sodium- 360mg or less
Guidelines for beverage products
5) Beverages – 100% juices, waters, 1% or skim milk
c)
Nutrition information for food products sold to students will be available at the point of purchase.
2006
5661
5 of 5
Non-Instructional/Business
Operations
SUBJECT:
*DISTRICT WELLNESS POLICY (Cont'd.)
Implementation and Evaluation of the Wellness Policy
The District will ensure school and community awareness of this policy through various means
such as publication in District newsletters and/or the District calendar. Further, professional
development activities for staff and student awareness training will be provided, as appropriate, on the
goals of the District's wellness program, including activities/programs for the development of healthy
eating habits and the incorporation of physical activity as part of a comprehensive healthy lifestyle.
The District shall establish an implementation and evaluation plan for the wellness policy in order
to monitor the effectiveness of the policy and the possible need for further modification over time.
Accordingly, the Superintendent shall designate one or more staff members as appropriate to have
operational responsibility for ensuring that the District meets the goals and mandates of its local
wellness policy.
Assessments of the District's Wellness Policy and implementation efforts will be conducted on an
annual basis, to help review policy compliance, assess progress, and determine areas in need of
improvement. The District will, as necessary, revise the Wellness Policy and develop work plans to
facilitate its implementation.
Child Nutrition and WIC Reauthorization Act of 2004
Public Law Section 108-265 Section 204
Richard B. Russell National School Lunch Act
42 United States Code (USC) Section 1751 et seq.
Child Nutrition Act of 1966
42 United States Code (USC) Section 1771 et seq.
7 Code of Federal Regulations (CFR) Section 210.10
http://www.access.gpo.gov/nara/cfr/waisidx_05/7cfr210
_05.html
Adopted:
6/27/2006
2003
5662
Non-Instructional/Business
Operations
SUBJECT:
AGREEMENTS FOR COMMERCIAL PURPOSES
The Board recognizes the benefits that may be obtained by entering into agreements with various
private companies for exclusive pouring and vending rights. Any agreement entered into by the Board
and an outside company should ensure the following:
a)
Any agreement must avoid requirements for exclusivity of services or products in order to
promote fairness and variety.
b)
Any agreement entered into by the Board and a private company shall ensure that students
and school personnel are not being exploited for commercial purposes.
c)
School personnel and resources shall be focused on education, not on facilitating private
gain. Therefore, any agreement entered into with a private company shall also be focused
on education and shall be in agreement with the district goals and objectives.
Solicitation Process
A single district or a group of districts acting as a consortium may solicit private companies for
such proposals. Such group cooperative action is authorized by General Municipal Law Article 5-G
Section 119-o.
All competitive bidding provisions must be adhered to if the agreement is expected to incur
annual expenditures in excess of the limits set in General Municipal Law Section 103, irrespective of
the length of the contract.
A contract whose duration exceeds the one-year term of each Board of Education violates the
public policy principal that one board may not bind a successor board in areas relating to governmental
matters unless a longer term is expressly provided for in statue. However, a district may enter into a
multi-year agreement as long as there are adequate provisions in the agreement which allow for a
successor Board to terminate the agreement at will.
Adopted: 11/25/03
2003
5663
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SUBJECT: OTHER FOOD CHOICES AT SCHOOL
Nutritious Food Choices
Nutritious and appealing foods shall be available whenever and wherever food is sold or
otherwise offered at school. Schools shall take efforts to encourage students to make nutritious food
choices, coordinated annually by the district's supervisor of the food service program.
Food and beverages sold or served on school grounds or at school-sponsored events shall meet
nutritional standards and other guidelines set by New York State. This includes:
a)
A la carte offerings in the food service program;
b)
Food and beverage choices in vending machines, snack bars, school stores and concession
stands;
c)
Food and beverages sold as part of school-sponsored fundraising activities.
Food Sales
The sale of all foods on school grounds in areas accessible to students shall be under the
District's overall management and oversight of the school food service program, except foods sold as
part of a fundraising activity. Profits generated from sales of foods or beverages in student accessible
vending machines will accrue only to the food service program or a student organization approved by
the Building Principal and School Business Official.
Only student organizations and legally constituted, nonsectarian, nonpartisan organizations
approved by the Building Principal are permitted to engage in fundraising on school grounds at any
time. These organizations are encouraged to raise funds through the sale of items other than food.
Foods sold for fundraising purposes shall not be sold while school food service meals are being
served.
Elementary school students shall not have access to food or beverages sold in vending machines.
Commercial Advertising
Partnerships between schools and businesses are encouraged, and business sponsorship of
educational activities and materials shall be duly acknowledged. However, such partnerships shall be
designed to meet identified educational needs, not commercial motives, and shall be evaluated for
educational effectiveness by the District on an ongoing basis.
(Continued)
2003
5663
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Non-Instructional/Business
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SUBJECT: OTHER FOOD CHOICES AT SCHOOL (Cont'd.)
Annual Reporting
Reports of vending for the Board of Education shall be provided along with the annual audit of
extra-classroom accounts.
Board of Education Approved/Purview
The Board of Education through the Superintendent retains sole and final authority as to the
selection of a vendor and the placement of machines or similar apparatus on school district property.
The District's Business Administrator shall establish appropriate accounting procedures for any
vending machines under control of extra-classroom student organizations in accordance with
applicable laws and regulations.
Adopted: 11/25/03
2003
5670
Non-Instructional/Business
Operations
SUBJECT:
RECORDS MANAGEMENT
A records management officer shall be designated by the Superintendent, subject to the approval
of the Board of Education. Such records management officer shall coordinate the development of and
oversee a program for the orderly and efficient management of records, including the legal disposition
or destruction of obsolete records, and be given the authority and responsibility to work with other
local officials at all levels in the development and maintenance of the records management program.
In addition, a Records Advisory Board may be created to assist in establishing and supporting
the records management program. The District's legal counsel, the fiscal officer, and the
Superintendent/designee may comprise the Advisory Board.
Appropriate regulations and procedures shall be developed.
Retention and Disposition of Records
The Superintendent shall retain records for such a period and dispose of them in the manner
described in Records Retention and Disposition Schedule ED-1, established pursuant to Part 185, Title
VIII of the Official Compilation of Codes, Rules and Regulations of the State of New York and
Article 57-A of the Arts and Cultural Affairs Law.
Arts and Cultural Affairs Law Section 57.19
8 New York Code of Rules and Regulations
(NYCRR) Section 185
Adopted: 3/11/03
2003
5680
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Non-Instructional/Business
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SUBJECT:
SAFETY AND SECURITY
The Board of Education of the Auburn Enlarged City School District hereby declares that it is
the policy of this School District to provide a safe and secure environment to all those persons,
students, staff and visitors, who lawfully enter upon District property or who travel in District vehicles
for the purposes of the District.
It shall be the responsibility of the Superintendent to establish and carry out written regulations
that will:
a)
Identify those staff members who will be responsible for the effective administration of the
regulations;
b)
Provide staff time and other necessary resources for the effective administration of the
regulations;
c)
Establish periodic written review of the activities of the staff to insure compliance with
applicable laws and regulations;
d)
Provide an on-going mechanism for the effective review of safety and security concerns of
the staff, students and affected public;
e)
Provide for reports to the Board of Education regarding the significant aspects of safety and
security of the District.
Labor Law Section 27-a
Student Safety
All staff who are made aware of physical and/or verbal threats to students must immediately
report these threats against students to the next level of supervisory authority for prompt action. The
immediate supervisor must then inform the Superintendent/designee, including any action taken, after
learning of such threats to students.
The District shall disseminate this policy to all employees in order to ensure staff awareness.
Hazard Communication Standard
All personnel shall be provided with applicable training to comply with the New York State
"Right-to-Know" Law and the Hazard Communication Standard.
(Continued)
2003
5680
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
SAFETY AND SECURITY (Cont'd.)
The Superintendent/designee shall maintain a current record of the social security numbers of
every employee who handles toxic substances.
Rules and regulations will be developed to insure District implementation of this policy which
shall include awareness information, employee training and record keeping.
New York State Labor Law Section 27-a
12 New York Code of Rules and Regulations
(NYCRR) Part 820 Article 28
Occupational Safety and Health
Administration (OSHA)
29 Code of Federal Regulations (CFR) 1910.1200
NOTE:
Refer also to Policy #5681 – School Safety Plans
Adopted: 3/11/03
2003
5681
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL SAFETY PLANS
The District has developed, and will update by July 1st of each succeeding year, as necessary, a
comprehensive District-wide school safety plan and building-level school safety plans, as enumerated
in Education Law and Commissioner's Regulations, and in a form as prescribed by the Commissioner
of Education. These plans will be designed to prevent or minimize the effects of serious violent
incidents and emergencies and to facilitate the coordination of schools and the School District with
local and county resources in the event of such incidents or emergencies.
Each plan shall be reviewed by the appropriate school safety team on at least an annual basis,
updated as needed and recommended to the Board of Education for approval. However, District-wide
and building-level school safety plans shall be adopted by the School Board only after at least one
public hearing that provides for the participation of school personnel, parents, students, and any other
interested parties. Further, the Board shall make the District-wide and building-level school safety
plans available for public comment at least thirty (30) days prior to its adoption, provided that only a
summary of each building-level emergency response plan (i.e., building-level school safety plan) shall
be made available for public comment.
District-Wide School Safety Plan
District-wide school safety plan means a comprehensive, multi-hazard school safety plan that
covers all school buildings of the School District, that addresses prevention and intervention strategies,
emergency response and management at the District level and has the contents as prescribed in
Education Law and Commissioner's Regulations.
The District-wide school safety plan shall be developed by the District-wide school safety team
appointed by the Board of Education. The District-wide team shall include, but not be limited to,
representatives of the School Board, student, teacher, administrator, and parent organizations, school
safety personnel and other school personnel.
Building-Level School Safety Plans
Building-level school safety plan means a building-specific school emergency response plan that
addresses prevention and intervention strategies, emergency response and management at the building
level and has the contents as prescribed in Education Law and Commissioner's Regulations.
The building-level plan shall be developed by the building-level school safety team. The
building-level school safety team means a building-specific team appointed by the building principal,
in accordance with regulations or guidelines prescribed by the Board of Education. The building-level
team shall include, but not be limited to, representatives of teacher, administrator, and parent
organizations, school safety personnel, other school personnel, community members, local law
(Continued)
2003
5681
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL SAFETY PLANS (Cont'd.)
enforcement officials, local ambulance or other emergency response agencies, and any other
representatives the School Board deems appropriate.
Filing/Disclosure Requirements
The District shall file a copy of its comprehensive District-wide school safety plan and any
amendments thereto with the Commissioner of Education no later than thirty (30) days after their
adoption. A copy of each building-level school safety plan and any amendments thereto shall be filed
with the appropriate local law enforcement agency and with the state police within thirty (30) days of
its adoption. Building-level emergency response plans shall be confidential and shall not be subject to
disclosure under the Freedom of Information Law or any other provision of law.
Education Law Section 2801-a
Public Officers Law Article 6
8 New York Code of Rules and Regulations
(NYCRR) Section 155.17
Adopted: 3/11/03
2003
5682
Non-Instructional/Business
Operations
SUBJECT:
CRISIS RESPONSE (POST INCIDENT RESPONSE)
When a crisis arises no school system is immune to the negative, physical or mental effect on its
students, staff and the local community. Immediate, effective and responsible management and
communication can address the crisis and maintain a District's integrity and credibility. Therefore, the
District shall develop and maintain a unified position by:
a)
Identifying a crisis response team to develop a plan and maintain a strong, ongoing
communications program in each school. This is the foundation for long range success.
(See "Safety By Color Plan" developed in 2002.)
b)
Identifying a media spokesperson who will be briefed on all details. This spokesperson
shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and
maintain a timely flow of information to the media.
The Superintendent/designee shall be responsible for informing staff of the crisis plan that is to
be developed by both administration and the crisis response team.
NOTE:
Refer also to Policy #5681 – School Safety Plans
Adopted: 3/11/03
2002
5685
Non-Instructional/Business
Operations
SUBJECT:
USE OF AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDs)
The Auburn Enlarged City School District recognizes the need to make Automatic External
Defibrillators (AEDs) available in its buildings. Early access defibrillation has been recognized as a
significant factor in the survival from incidents of sudden cardiac arrest.
Therefore it is the policy of the Board of Education that the use of AEDs is authorized in the
buildings of the Auburn Enlarged City School District in accordance with the Public Access
Defibrillation Law. Individuals authorized to use the AED devices shall have current training and
certification in CPR and the use of the AED from a recognized training agency. A physician shall be
appointed to provide medical oversight for the use of the AEDs. The Regional Emergency Services
Counsel and the State Department of Health as well as the local emergency services providers shall be
notified of the location and use of the AEDs within the district.
Adopted: 11/26/02
2003
5690
Non-Instructional/Business
Operations
SUBJECT:
EXPOSURE CONTROL PROGRAM
The District shall establish an exposure control program designed to prevent and control
exposure to bloodborne pathogens. According to the New York State Department of Labor's Division
of Safety and Health and OSHA standards, the program shall consist of:
a)
Guidelines for maintaining a safe, healthy school environment to be followed by staff and
students alike.
b)
Written standard operating procedures for blood/body fluid clean-up.
c)
Appropriate staff education/training.
d)
Evaluation of training objectives.
e)
Documentation of training and any incident of exposure to blood/body fluids.
f)
A program of medical management to prevent or reduce the risk of pathogens, specifically
hepatitis B and HIV.
g)
Written procedures for the disposal of medical waste.
h)
Provision of protective materials and equipment for all employees who perform job-related
tasks involving exposure or potential exposure to blood, body fluids or tissues.
Occupational Safety and Health Administration (OSHA)
29 Code of Federal Regulations (CFR) 1910.10:30
Adopted: 3/11/03
2003
5691
Non-Instructional/Business
Operations
SUBJECT:
COMMUNICABLE DISEASES
Regulations and procedures will be developed for dealing with communicable diseases in ways
that protect the health of both students and staff while minimizing the disruption of the education
process.
Adopted: 3/11/03
2003
5692
Non-Instructional/Business
Operations
SUBJECT:
HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
The Board of Education contends that a student shall not be denied the right to attend school or
continue his/her education nor shall an employee be denied the right to continue his/her employment
who has been diagnosed or identified as having a positive blood test for the antibodies to the Human
Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations,
the disclosure of confidential HIV-related information shall be strictly limited.
Administrative regulations and procedures shall be developed and implemented by the
administration based on recommendations from the New York State Education Department and from
consultation with appropriate professional and medical staff in the District.
The Superintendent shall also establish protocols for routine sanitary procedures for dealing with
the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.
Confidentiality: Public Health Law, Article 27-F
Adopted: 3/11/03
2003
5710
Non-Instructional/Business
Operations
SUBJECT:
TRANSPORTATION PROGRAM
It is the intent of the Board of Education to comply with the letter and spirit of the New York
State Education Law; with the regulations of the Department of Motor Vehicles and of the Department
of Transportation and with the Commissioner of Education's regulations and decisions pertinent to
student transportation, and these shall govern any questions not covered by specific declaration of
policy herein.
The purposes of the transportation program are to transport students to and from school, to
transport them for extracurricular activities, to transport them on field trips, and to transport those
requiring special services.
The Board of Education recognizes and assumes the responsibility for all aspects of the
transportation of children wherein the health and safety of students are involved, for the Board of
Education has a legal obligation to safeguard the welfare of bus-riding children.
Education Law Sections 3602(7) and 3635 et seq.
Adopted: 3/11/03
2003
5720
Non-Instructional/Business
Operations
SUBJECT:
SCHEDULING AND ROUTING
Bus limits are authorized by the Board of Education and any requests for a change must be
submitted to the Superintendent or his/her designee.
Transportation services shall be provided to meet the needs of the students of the District within
specified limits and areas established by the Board of Education.
Education Law Sections 3621 and 3635
Adopted: 3/11/03
2003
5730
Non-Instructional/Business
Operations
SUBJECT:
TRANSPORTATION OF STUDENTS
Requests For Transportation to and From Non-Public Schools
The parent or guardian of a parochial or private school child residing in the School District who
desires that the child be transported to a parochial or private school outside of the School District
during the next school year should submit a written request to the Board of Education no later than
April 1 of the preceding year, or within thirty (30) days of moving into the District. No late request of
a parent or guardian shall be denied where a reasonable explanation is provided for the delay.
Transportation of Students With Disabilities
Students with disabilities in the District shall be transported up to fifty (50) miles (one way) from
their home to the appropriate special service or program, unless the Commissioner certifies that no
appropriate nonresidential special service or program is available within fifty (50) miles. The
Commissioner may then establish transportation arrangements.
Transportation of Non-Resident Students
The District shall not extend its bus routes outside of the District to pick up non-resident
students.
Transportation to School Sponsored Events
Where the District has provided transportation to students enrolled in the District to a school
sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation
back to either the point of departure or to the appropriate school in the District unless the parent of
legal guardian of a student participating in such event has provided the District with a written,
consistent with District policy, authorizing an alternative form of return transportation for such student
or unless intervening circumstances make such transportation impractical. The request can be
submitted on the form associated with the policy for review and approval. In cases where intervening
circumstances make transportation of a student back to the point of departure or to the appropriate
school in the district impractical, a representative of the School District shall remain with the student
until such student's parent of legal guardian has been contacted and informed of the intervening
circumstances which make such transportation impractical, and the student has been delivered to
his/her parent or legal guardian.
Education Law Sections 1604, 1709, 1804, 1903, 1950,
2503, 2554, 2590-e, 3635, 4401(4), 4404, and 4405
Adopted: 3/11/2003
Amended: 11/13/2012
2003
5730F
Non-Instructional/Business
Operations
I _______________________________, give my son/daughter _____________________
Parent/Guardian
Student
Permission to ride home with ______________________ from the _________________
Parent/Guardian of Another Student
Date
_______________________________________________________________________
School Sponsored Event (e.g. Athletic Function)
__________________________________
Parent/Guardian
_________________
Date
__________________________________
Student
_________________
Date
I will accept responsibility for transporting ________________________________ home
Student
from the above mentioned function.
__________________________________
Parent/Guardian of Another Student
_________________
Date
_________________________________
School Administrator / Coach
__________________
Date
2003
5740
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Non-Instructional/Business
Operations
SUBJECT:
SCHOOL BUS SAFETY PROGRAM
The safe transportation of students to and from school is of primary concern in the administration
of the school bus program. All state laws and regulations pertaining to the safe use of school buses
shall be observed by drivers, students and school personnel.
To assure the safety and security of students boarding or exiting school buses on school property,
it shall be unlawful for a driver of a vehicle to pass a stopped school bus when the red bus signal is in
operation.
Use of Cell Phones and Portable Electronic Devices Prohibited
Use of portable electronic devices by a school bus driver at times the vehicle is in operation on
the roadway poses a potential safety risk. All school bus drivers are prohibited from using portable
electronic devices while the bus is in operation and students are on the bus.
Personal cell phones are to be placed in the "off" position when in the possession of the school
bus driver while the bus is in operation. Cell phones may be used in case of emergency.
The following terms are defined as:
a)
"Portable electronic device" shall mean any mobile telephone (hand held or "hands free"),
personal digital assistant (PDA), portable device with mobile data access, laptop computer,
pager, broadband personal communication device, electronic game, or portable computing
device.
b)
"Using" shall mean holding a portable electronic device while viewing, taking or
transmitting images, playing games, or composing, sending, reading, viewing, accessing,
browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
c)
"In operation" shall mean that the bus engine is running, whether in motion or not.
The Transportation Supervisor, in cooperation with the Principals, has the responsibility of
developing and publishing safety rules to be followed by drivers and passengers, including rules of
student conduct. In order to ensure maximum safety to those riding school buses, it is necessary that
students and drivers cooperate in this effort. There is no substitute for training to develop safe habits in
pedestrian and vehicular traffic.
All buses and other vehicles owned and operated by the School District will have frequent safety
inspections, and will be serviced regularly. The Transportation Supervisor will maintain a
comprehensive record of all maintenance performed on each vehicle.
(Continued)
2003
5740
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
SCHOOL BUS SAFETY PROGRAM
Every bus driver is required to report promptly any school bus accident involving death, injury,
or property damage. All accidents, regardless of damage involved, must be reported at once to the
Transportation Supervisor.
*If District contracts out for buses (insert these two paragraphs):
All buses and other vehicles owned by vendors/contract bus companies with whom the District
contracts will have frequent safety inspections and be serviced regularly. The Transportation
Supervisor will maintain a comprehensive record of all maintenance performed on each vehicle.
Every bus driver is required to report promptly any school bus accident involving death, injury,
or property damage. All accidents, regardless of damage involved, must be reported at once to the
Transportation Supervisor by the vendors/contract bus companies.
Education Law Section 3623
Vehicle and Traffic Law Sections 509-a(7), 509-1(1-b), 1174(a) and 1174(b)
8 New York Code of Rules and Regulations (NYCRR) Section 156.3
NOTE:
Refer also to Policies #5751 - Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees
Adopted: 3/11/2003
Amended: 5/08/2012
2003
5750
1 of 2
Non-Instructional/Business
Operations
SUBJECT:
QUALIFICATIONS OF BUS DRIVERS
A person shall be qualified to operate a bus only if such person:
a)
Is at least twenty-one years of age;
b)
Has been issued a currently valid driver's license or permit which is valid for the operation
of a bus in New York State;
c)
Has passed the annual bus driver physical examination administered pursuant to
Regulations of the Commissioner of Education and the Commissioner of Motor Vehicles.
In no case shall the interval between physical examinations exceed a 12-month period;
d)
Is not disqualified to drive a motor vehicle under Sections 509-c and 509-cc and any other
provisions of Article 19-A of the Vehicle and Traffic Law;
e)
Has on file at least three statements from three different persons who are not related to the
driver/applicant pertaining to the moral character and to the reliability of such
driver/applicant;
f)
Has completed, or is scheduled to complete, State Education Department safety programs
as required by law;
g)
Is in compliance with federal law and regulations, as well as District policy and/or
regulations, as it pertains to meeting the standards governing alcohol and controlled
substance testing of bus drivers if and when applicable.
h)
Has taken and passed a physical performance test at least once every two (2) years and/or
following an absence from service of sixty (60) or more consecutive days from his/her
scheduled work duties;
i)
Is in compliance with all other laws and regulations for operating a school bus, including
licensing and training requirements.
Special Requirements For New Bus Drivers
Before employing a new bus driver, the Superintendent or his/her designee shall:
a)
Require such person to pass a physical examination within four (4) weeks prior to the
beginning of service;
(Continued)
2003
5750
2 of 2
Non-Instructional/Business
Operations
SUBJECT:
QUALIFICATIONS OF BUS DRIVERS (Cont'd.)
b)
Obtain a driving record from the appropriate agency in every state in which the person
resided, worked, and/or held a driver's license or learner's permit during the preceding three
years;
c)
Investigate the person's employment record during the preceding three years;
d)
Require such person to submit to the mandated fingerprinting procedures;
e)
Request the Department of Motor Vehicles to initiate a criminal history check;
f)
Require that newly hired bus drivers take and pass the physical performance test, as
mandated by Commissioner's Regulations, before they transport students.
Sections 509-c, 509-cc, and Article 19-A of the
Vehicle and Traffic Law
Education Law Section 3624
15 New York Code of Rules and Regulations
(NYCRR) Part 6
8 New York Code of Rules and Regulations (NYCRR)
Section 156.3
Omnibus Transportation Employee Testing Act of 1991
(P. L. 102-143)
49 United States Code (USC) Section 521(b)
49 Code of Federal Regulations (CFR)
Parts 40, 382, 391, 392, and 395
NOTE:
Refer also to Policy #5751 -- Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees
Adopted: 3/11/03
2003
5751
1 of 3
Non-Instructional/Business
Operations
SUBJECT:
DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES
In accordance with federal regulations, employees in safety-sensitive positions as defined in
regulations, including school bus drivers who are required to have and use a commercial drivers
license (CDL), are now subject to random testing for alcohol, marijuana, cocaine, amphetamines,
opiates (including heroin), and phencyclidine (PCP). The District shall adhere to federal law and
regulations requiring the implementation of a drug and alcohol testing program for such employees in
safety-sensitive positions.
The District shall either establish and manage its own program, by contract, or through a
consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions.
Safety-sensitive employees (SSE), including school bus drivers who drive a vehicle which is designed
to transport 16 or more passengers (including the driver), shall be subject to this requirement.
Federal regulations require that the District test school bus drivers and other SSEs for alcohol
and drugs at the following times:
a)
Drug testing will be conducted after an offer to hire, but before actually performing safetysensitive functions for the first time. Such pre-employment testing will also be required
when employees transfer to a safety-sensitive position.
b)
Safety-sensitive employees are also subject to a random drug and/or alcohol test on an
unannounced basis just before, during or just after performance of safety-sensitive
functions.
c)
In addition, testing will be ordered if a trained supervisor has a "reasonable suspicion" that
an employee has engaged in prohibited use of drugs and/or alcohol.
d)
There will also be post accident testing conducted after accidents on employees whose
performance could have contributed to the accidents.
e)
Finally, return-to-duty and follow-up testing will be conducted when an individual who has
violated the prohibited alcohol and/or drug conduct standards returns to performing safetysensitive duties. Follow-up tests are unannounced and at least 6 tests must be conducted in
the first 12 months after an employee returns to duty. Follow-up testing may be extended
for up to 60 months following return-to-duty.
All employee drug and alcohol testing will be kept confidential and shall only be revealed
without the driver's consent to the employer, a substance abuse professional, drug testing laboratory,
medical review officer and any other individual designated by law.
(Continued)
2003
5751
2 of 3
Non-Instructional/Business
Operations
SUBJECT:
DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES (Cont'd.)
The following alcohol and controlled substance-related activities are prohibited by the Federal
Highway Administration's drug use and alcohol misuse rules for drivers of commercial motor vehicles
and other SSEs:
a)
Reporting for duty or remaining on duty to perform safety-sensitive functions while having
an alcohol concentration of 0.04 or greater.
b)
Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses
alcohol, unless the alcohol is manifested and transported as part of a shipment. This
includes the possession of medicines containing alcohol (prescription or over-the-counter),
unless the packaging seal is unbroken.
c)
Using alcohol while performing safety-sensitive functions.
d)
Using alcohol 4 hours or less before duty.
e)
When required to take a post-accident alcohol test, using alcohol within eight hours
following the accident or prior to undergoing a post-accident alcohol test, whichever comes
first.
f)
Refusing to submit to an alcohol or controlled substance test required by post-accident,
random, reasonable suspicion or follow-up testing requirements.
g)
Reporting for duty or remaining on duty, requiring the performance of safety-sensitive
functions, when the SSE uses any controlled substance. This prohibition does not apply
when instructed by a physician who has advised the SSE that the substance does not
adversely affect the SSE's ability to safely operate a CMV.
h)
Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE
tests positive for controlled substances.
Drivers and other SSEs who are known to have engaged in prohibited behavior with regard to
alcohol misuse or use of controlled substances are subject to disciplinary action and penalties pursuant
to District policy and collective bargaining agreements, as well as the sanctions provided for in federal
law. SSEs who have engaged in such prohibited behavior shall not be allowed to perform safetysensitive functions until they are:
a)
Evaluated by a substance abuse professional (SAP).
(Continued)
2003
5751
3 of 3
Non-Instructional/Business
Operations
SUBJECT:
DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND
OTHER SAFETY-SENSITIVE EMPLOYEES (Cont'd.)
b)
Complete any requirements for rehabilitation as set by the District and the SAP.
c)
Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a
controlled substance test with a verified negative result if the conduct involved controlled
substance use.
d)
The SSE shall also be subject to unannounced follow-up alcohol and controlled substance
testing. The number and frequency of such follow-up testing shall be as directed by the
SAP, and consist of at least 6 tests in the first 12 months.
The Superintendent of Schools shall ensure that each SSE receives a copy of District policy,
educational materials that explain the requirements of the alcohol and drug testing regulations, and any
regulations and/or procedures developed by the District with respect to meeting those requirements.
The Superintendent or his/her designee shall ensure that a copy of these materials is distributed to each
SSE, who shall sign for receipt of all of the above documents, as well as other appropriate personnel,
prior to the start of alcohol and controlled substance testing as well as at the beginning of each school
year or at the time of hire for any safety-sensitive employees. Representatives of applicable collective
bargaining units shall be notified of the availability of this information.
The Superintendent or his/her designee shall arrange for training of all supervisors who may be
utilized to determine whether "reasonable suspicion" exists to test a driver for prohibited conduct
involving alcohol or controlled substance use/abuse.
Any violation of this policy and/or District procedures, and applicable federal and state laws by a
covered employee shall be grounds for disciplinary action including, but not limited to, fines,
suspension, and/or discharge in a manner consistent with District policy, collective bargaining
agreements and applicable law.
Omnibus Transportation Employee Testing Act
of 1991 (P. L. 102-143)
49 United States Code (USC) Section 521(b)
49 Code of Federal Regulations (CFR) Parts 40, 382,
391, 392 and 395
Adopted: 3/11/03
2005
6000
Personnel
Auburn Enlarged City School District
NUMBER
PERSONNEL
1.1 Code of Ethics for All District Personnel ..................................................................6110
1.2 Equal Employment Opportunity ................................................................................ 6120
1.2.1
Sexual Harassment of District Personnel....................................................... 6121
1.2.2
Complaints and Grievances by Employees ................................................... 6122
1.3 Evaluation of Personnel: Purposes ............................................................................ 6130
1.3.1
Evaluation of Support Staff ........................................................................... 6131
1.4 Health Examinations ..................................................................................................6140
1.5 Alcohol, Drugs and Other Substances (Personnel) .................................................... 6150
1.5.1
Drug-Free Workplace .................................................................................... 6151
1.6 Professional Growth/Staff Development Programs .................................................. 6160
1.8 Students of Safety (Fingerprinting Clearance of New Hires) ....................................6180
CERTIFIED PERSONNEL
2.1 Certified Personnel ....................................................................................................6210
2.1.1
Recruitment ....................................................................................................6211
2.1.2
Certification ...................................................................................................6212
2.1.2(i) Incidental Teaching.........................................................................6212.1
2.1.3
Probation and Tenure ..................................................................................... 6213
2.1.3(i) Disciplining of a Tenured Teacher or Certified Personnel ............. 6213.1
2005
6000
Personnel
NUMBER
CERTIFIED PERSONNEL (Cont’d.)
2.1.4
Staff: Separation ........................................................................................... 6214
2.1.5
Employment of Relatives of Board of Education Members .......................... 6215
2.2 Temporary Personnel .................................................................................................6220
SUPPORT STAFF
3.1 Appointment - Support Staff...................................................................................... 6310
3.2 Employment of Teacher Aides .................................................................................. 6320
ACTIVITIES
4.1 Maintaining Discipline and Conduct .........................................................................6410
4.2 Employee Personnel Records and Release of Information ........................................6420
4.3 Employee Activities ...................................................................................................6430
4.4 Negotiations ............................................................................................................... 6440
4.5 Theft of Services or Property ..................................................................................... 6450
4.6 Jury Duty.................................................................................................................... 6460
4.7 Staff Use of Computerized Information Resources ................................................... 6470
4.8 Use of Privately Owned Cars..................................................................................... 6480
COMPENSATION AND RELATED BENEFITS
5.1 Health Insurance ........................................................................................................6510
5.1.1
Excluded Personnel........................................................................................ 6511
5.1.2
Privacy of Protected Health Insurance........................................................... 6512
2005
6000
Personnel
NUMBER
COMPENSATION AND RELATED BENEFITS (Cont'd.)
5.2 Workers’ Compensation ............................................................................................ 6520
5.3 Payroll Deductions .....................................................................................................6530
5.3.1
Tax Sheltered Annuities................................................................................. 6531
5.4 Defense and Indemnification of Board Members and Employees ............................ 6540
5.5 Leaves of Absence .....................................................................................................6550
5.5.1
Family and Medical Leave Act ......................................................................6551
5.6 Determination of Employment Status: Employee or Independent Contractor .........6560
2003
6110
1 of 2
Personnel
SUBJECT:
CODE OF ETHICS FOR ALL DISTRICT PERSONNEL
Section 1. Pursuant to the provisions of Section 806 of the General Municipal Law, the Board of
Education of the Auburn Enlarged City School District recognizes that there are rules of ethical
conduct for members of the Board and employees of the District that must be observed if a high
degree of moral conduct is to be obtained in our unit of local government. It is the purpose of this
resolution to promulgate these rules of ethical conduct for the Board members and employees of the
District. These rules shall serve as a guide for official conduct of the Board members and employees
of the District. The rules of ethical conduct of this resolution, as adopted, shall not conflict with, but
shall be in addition to any prohibition of Article Eighteen of the General Municipal Law or any other
general or special law relating to ethical conduct and interest in contracts of Board members and
employees.
Section 2. Standards of Conduct. Every Board member or employee of the Auburn Enlarged
City School District shall be subject to and abide by the following standards of conduct:
(a) Gifts. Pursuant to Section 805-a of the General Municipal Law, he/she shall not, directly or
indirectly, solicit any gift or accept or receive any gift having a value of seventy-five dollars or more,
whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or
any other form, under circumstances in which it could reasonably be inferred that the gift was intended
or expected to influence him/her in the performance of official duties or was intended as a reward for
any official action on his/her part.
(b) Confidential Information. He/she shall not disclose confidential information acquired by
him/her in the course of his/her official duties or use such information to further his/her personal
interest.
(c) Representation before one's own agency. He/she shall not receive, or enter into any
agreement, express or implied, for compensation for services to be rendered in relation to any matter
before any municipal agency of which he/she is an officer, member or employee or of any municipal
agency over which he/she has jurisdiction or to which he/she has the power to appoint any member,
officer or employee.
(d) Representation before any agency for a contingent fee. He/she shall not receive, or enter
into any agreement, express or implied, for compensation for services to be rendered in relation to any
matter before any agency of his/her municipality, whereby his/her compensation is to be dependent or
contingent upon any action by such agency with respect to such matter, provided that this paragraph
shall not prohibit the fixing at any time of fees based upon the reasonable value of services rendered.
(e) Disclosure of interest in resolution. To the extent that he/she knows thereof, a member of
the Board of Education or employee of the Auburn Enlarged City School District, whether paid or
unpaid, who participates in the discussion or gives official opinion to the Board of Education on any
(Continued)
2003
6110
2 of 2
Personnel
SUBJECT:
CODE OF ETHICS FOR ALL DISTRICT PERSONNEL (Cont'd.)
resolution before the Board of Education shall publicly disclose on the official record the nature and
extent of any direct or indirect financial or other private interest he/she has in such resolution.
(f) Investments in conflict with official duties. He/she shall not invest or hold any investment
directly or indirectly in any financial, business, commercial, or other private transaction, that creates a
conflict with his/her official duties.
(g) Private employment. He/she shall not engage in, solicit, negotiate for or promise to accept
private employment or render services for private interests when such employment or service creates a
conflict with or impairs the proper discharge of his/her official duties.
(h) Future employment. He/she shall not, after the termination of service or employment with
the School District, appear before any board or agency of the Auburn Enlarged City School District in
relation to any case, proceeding, or application in which he/she personally participated during the
period of his/her service or employment or which was under his/her active consideration.
Section 3. Nothing herein shall be deemed to bar or prevent the timely filing by a present or
former Board member or employee of any claim, account, demand or suit against the Auburn Enlarged
City School District, or any agency thereof on behalf of himself/herself or any member of his/her
family arising out of any personal injury or property damage or for any lawful benefit authorized or
permitted by law.
Section 4. Distribution/Posting of Code of Ethics. The Superintendent of the Auburn Enlarged
City School District shall cause a copy of this code of ethics to be distributed to every Board member
and employee of the School District within thirty (30) days after the effective date of this resolution.
Each Board member and employee elected or appointed thereafter shall be furnished a copy before
entering upon the duties of his/her office or employment. The Superintendent shall also cause a copy
of Article 18 of the General Municipal Law to be kept posted in each building in the District in a place
conspicuous to its Board members and employees. Failure to distribute any such copy of this code of
ethics or failure of any Board member or employee to receive such copy, as well as failure to post any
such copy of General Municipal Law, Article 18, shall have no effect on the duty of compliance with
such code or Article 18, nor with the enforcement of provisions thereof.
Section 5. Penalties. In addition to any penalty contained in any other provision of law, any
person who shall knowingly and intentionally violate any of the provisions of this code may be fined,
suspended or removed from office or employment, as the case may be, in the manner provided by law.
Section 6. Effective Date: This resolution shall take effect immediately.
General Municipal Law, Article 18
Adopted : 5/13/03
2003
6120
1 of 2
Personnel
SUBJECT:
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of this District to provide, through a positive and effective program, equal
opportunities for employment, retention and advancement of all people regardless of race, color,
creed, religion, national origin, political affiliation, sex, sexual orientation, age, marital status, military
status, veteran status, disability, predisposing genetic characteristics, use of a recognized guide dog,
hearing dog or service dog, or domestic violence victim status.
Sexual orientation is defined as heterosexuality, homosexuality, bisexuality or asexuality,
whether actual or perceived.
The term "military status" means a person's participation in the military service of the United
States or the military service of the state, including but not limited to, the armed forces of the United
States, the army national guard, the air national guard, the New York naval militia, the New York
guard, and such additional forces as may be created by the federal or state government as authorized
by law.
Provisions will be provided for the publication and dissemination, internally and externally of
this policy to ensure its availability to interested citizens and groups.
The Board believes it to be in the interest of both students and the public to have a staff which is
highly qualified and effective in performing the duties assigned to them, and which contains a healthy
diversity of personal backgrounds.
The Superintendent of Schools shall ensure that applicants for open positions in the
administrative, instructional or support staff of the district are actively sought from members of any
minority group, which is under-represented in that staff.
Additionally, administration shall establish grievance procedures that provide for the prompt and
equitable resolution of complaints alleging discrimination. Those intending to file a grievance due to
alleged discrimination must follow the grievance procedure as established by the District.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of discrimination.
Follow-up inquiries shall be made to ensure that discrimination has not resumed and that all those
involved in the investigation of the discrimination complaint have not suffered retaliation.
Posting Requirement of Correction Law Article 23-A
The District shall post, in a place accessible to employees and in a visually conspicuous manner,
a copy of Article 23-A of the Correction Law and any regulations promulgated under that statute.
Article 23-A addresses the licensure and employment of persons previously convicted of one or more
criminal offences.
(Continued)
2003
6120
2 of 2
Personnel
SUBJECT:
EQUAL EMPLOYMENT OPPORTUNITY (Cont'd.)
Civil Penalties in Employment Discrimination Matters
New York State Human Rights Law imposes civil fines and penalties, payable to the State, of up
to $50,000 for unlawful acts of employment discrimination, and up to $100,000 for willful, wanton, or
malicious discrimination. In accordance with law, these penalties may be assessed in all cases of
employment discrimination (e.g., whether such a claim is pursued in a more formal court action or
through an administrative proceeding before the New York State Division of Human Rights). Under
the legislation, an employer with fewer than fifty (50) employees may be allowed to pay the civil fines
and penalties in installments.
The new civil fines do not replace or limit other relief under New York State Human Rights Law
that may be awarded to a prevailing complainant in an administrative proceeding which includes, but
is not limited to, affirmative relief from the employer (e.g., an order that the individual be hired,
promoted or reinstated by the employer), back pay and other compensatory damages (e.g., emotional
distress damages). The New York State Division of Human Rights cannot award punitive damages or
attorney's fees to a prevailing complainant in an administrative proceeding. However, a New York
State Court may award a prevailing plaintiff in a court action various relief, including, but not limited
to, punitive damages and attorney's fees. (An administrative proceeding before the New York State
Division of Human Rights and an action commenced in a New York State Court represent two different
ways to seek redress for acts of alleged employment discrimination.).
Age Discrimination in Employment Act, 29 United States Code (USC) Section 621
Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Genetic Information Nondiscrimination Act of 2008 (GINA) Public Law 110-233
Prohibits discrimination in the workplace based upon genetic information.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq.
Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital
status or disability.
Civil Service Law Section 75-B
Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation,
disability, military status, predisposing genetic characteristics, marital status, use of a recognized guide
dog, hearing dog or service dog, or domestic violence victim status.
Labor Law Section 201-f
Military Law Sections 242 and 243
Adopted:
Amended:
5/13/2003
5/8/2012
2003
6121
1 of 3
Personnel
SUBJECT:
SEXUAL HARASSMENT OF DISTRICT PERSONNEL
The Board of Education affirms its commitment to non-discrimination and recognizes its
responsibility to provide for all District employees an environment that is free of sexual harassment
and intimidation. Sexual harassment is a violation of law and stands in direct opposition to District
policy. Therefore, the Board prohibits and condemns all forms of sexual harassment by employees,
school volunteers, students, and non-employees such as contractors and vendors which occur on
school grounds and at all school-sponsored events, programs and activities including those that take
place at locations off school premises. Generally, sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
a)
Submission of such conduct is made, either explicitly or implicitly, a term or condition of
an individual's employment;
b)
Submission to or rejection of such conduct by an individual as used is a basis for
employment decisions affecting such individuals; and
c)
Such conduct has the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive work environment.
The Board acknowledges that in determining whether sexual harassment has occurred the totality
of the circumstances should be evaluated. The Board recognizes that sexual harassment can originate
from a person of either sex against a person of the opposite or same sex, and from co-workers as well
as supervisors, and from a third party such as a school visitor, volunteer, or vendor, or any other
individual associated with the School District.
In order for the Board to enforce this policy and to take corrective measures as may be
necessary, it is essential that any employee who believes he/she has been a victim of sexual
harassment in the work environment, as well as any other person who is aware of and/or who has
knowledge of or witnesses any possible occurrence of sexual harassment, immediately report such
alleged harassment to the District's designated complaint officer(s) through informal and/or formal
complaint procedures as developed by the District. Such complaints are recommended to be in
writing, although verbal complaints of alleged sexual harassment will also be promptly investigated in
accordance with the terms of this policy. In the event that the complaint officer is the alleged
offender, the employee should report his/her complaint to the next level of supervisory authority.
Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation
of the charges. However, even in the absence of a complaint, if the District has knowledge of or has
reason to know of or suspect any occurrence of sexual harassment, the District will investigate such
conduct promptly and thoroughly.
(Continued)
2003
6121
2 of 3
Personnel
SUBJECT:
SEXUAL HARASSMENT OF DISTRICT PERSONNEL (Cont'd.)
To the extent possible, within legal constraints, all complaints will be treated as confidentially
and privately as possible. However, disclosure may be necessary to complete a thorough investigation
of the charges, and any disclosure will be provided on a "need to know" basis.
Based upon the results of the investigation, if the District determines that an employee has
violated the terms of this policy and/or accompanying regulations, immediate corrective action will be
taken, as warranted, up to and including termination of the offender's employment in accordance with
legal guidelines, District policy and regulation, the District's Code of Conduct, and the applicable
collective bargaining agreement(s). Third parties (such as school volunteers, vendors, etc.) who are
found to have violated this policy and/or accompanying regulations will be subject to appropriate
sanctions as warranted and in compliance with law.
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of sexual harassment.
Follow-up inquiries shall be made to ensure that harassment has not resumed and that all those
involved in the investigation of the sexual harassment complaint have not suffered retaliation.
Regulations will be developed for reporting, investigating and remedying allegations of sexual
harassment. An appeal procedure will also be provided to address any unresolved complaints and/or
unsatisfactory prior determinations by the applicable complaint officer(s).
Such regulations will be developed in accordance with federal and state law as well as any
applicable collective bargaining agreement(s).
The Superintendent/designee(s) will affirmatively discuss the topic of sexual harassment with all
employees, express the District's condemnation of such conduct, and explain the sanctions for
harassment. Training programs will be established for employees to help ensure awareness of the
issues pertaining to sexual harassment in the workplace, and to disseminate preventative measures to
help reduce such incidents of prohibited conduct. Furthermore, special training will be provided for
designated supervisors and managerial employees, as may be necessary, for training in the
investigation of sexual harassment complaints.
A copy of this policy and its accompanying regulations will be available upon request and may
be posted at various locations in each school building. The District's policy and regulations on sexual
harassment will be published in appropriate school publications such as teacher/employee handbooks
and/or school calendars.
(Continued)
2003
6121
3 of 3
Personnel
SUBJECT:
SEXUAL HARASSMENT OF DISTRICT PERSONNEL (Cont'd.)
Title VII of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000-e et seq.
The Civil Rights Act of 1991
42 United States Code (USC) Section 1981(a)
29 Code of Federal Regulations (CFR)
Section 1604.11(a)
Executive Law Sections 296 and 297
Adopted: 5/13/03
2003
6122
1 of 2
Personnel
SUBJECT:
COMPLAINTS AND GRIEVANCES BY EMPLOYEES
In accordance with the provisions of General Municipal Law and the collective bargaining
agreements, all District personnel shall have the opportunity to present their complaints or grievances
free from interference, coercion, restraint, discrimination or reprisal. The District shall provide at least
two procedural stages and an appellate stage for the settlement of any grievance.
Complaints or grievances not covered under employee contracts shall be handled and resolved,
whenever possible, as close to their origin as possible. The Superintendent is responsible for
implementing regulations for the redress of complaints or grievances through proper administrative
channels.
Complaints and Grievances Coordinator
Additionally, the Board shall ensure compliance with Title IX of the Educational Amendments
of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities Act
(ADA). The Superintendent shall designate a District employee as the Title IX/Section 504/ADA
Coordinator; and regulations and procedures shall be implemented to resolve complaints of
discrimination based on sex or disability.
Prior to the beginning of each school year, the District shall issue an appropriate public
announcement which advises students, parents/guardians, employees and the general public of the
District's established grievance procedures for resolving complaints of discrimination based on sex or
disability. Included in such announcement will be the name, address and telephone number of the
Title IX/Section 504/ADA Coordinator.
The Title IX/Section 504/ADA Coordinator shall also be responsible for handling complaints
and grievances regarding discrimination based on race, color, creed, religion, national origin, political
affiliation, age, veteran or marital status.
Title VII of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000-e, et seq.
Prohibits discrimination on the basis of race, color,
religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000-d, et seq.
Prohibits discrimination on the basis of race, color or
national origin.
(Continued)
2003
6122
2 of 2
Personnel
SUBJECT:
COMPLAINTS AND GRIEVANCES BY EMPLOYEES (Cont'd.)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
The Americans With Disabilities Act,
42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Title IX of the Education Amendments of 1972,
20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
New York State Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed,
color, national origin, sex, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code (USC) Section 621
Military Law Sections 242 and 243
NOTE:
Refer also to Policy #3420 – Anti-Harassment in the School District
Adopted: 5/13/03
2003
6130
Personnel
SUBJECT:
EVALUATION OF PERSONNEL: PURPOSES
The purpose of evaluation is the improvement of the teaching/learning process. Through
classroom observations and appraisal of teaching performance, administrators and supervisors are able
to offer guidance which may improve teacher effectiveness. Another purpose of evaluation is to
determine the relative performance of different teachers so the best teachers may be recognized,
retained and granted tenure.
Administrators and supervisors will consider teacher evaluation one of their most important
functions. They will strive to develop a spirit of cooperation with the staff in regard to this endeavor.
Evaluation procedures used in the District shall be as objective and uniform as possible. Evaluation
will be based on actual observations of teachers' practices, behaviors, and classroom conditions. The
evaluation process will include self-evaluation by the teacher. Classroom observations shall be
initiated by the supervisor as well as the teacher.
The purpose of the performance appraisals are:
a)
To improve the instructional program;
b)
To assist the classroom teacher in improving and upgrading teaching performance;
c)
To assist the Superintendent in properly evaluating employees; and
d)
To provide a formal procedure for communication between the teacher and the
administrator regarding the instructional program and student progress.
In addition to this evaluation, the performance of professional personnel in supplementary
positions, such as extra-curricular or coaching, will also be evaluated. Such evaluations will be made
by the administrator to whom the individuals are responsible in the supplementary position.
The evaluation will take place prior to the time these individuals will be considered by the Board
for continuance in these positions. Evaluations should be done in a timely fashion and as close to the
conclusion of the activity as possible in keeping with the negotiated agreements.
The procedures and guidelines for formal and informal observations and evaluations of teachers
shall be those agreed to with the employee organization representing the teaching staff and set forth in
the collective bargaining agreement.
8 New York Code of Rules and Regulations
(NYCRR) Sections 80-1.1 and 100.2(o)(2)
Adopted : 5/13/03
2003
6131
1 of 2
Personnel
SUBJECT:
EVALUATION OF SUPPORT STAFF
The Board of Education recognizes the importance of a program of evaluation of all support staff
members, including supervisors, for the purpose of determining how each employee's capabilities may
best be used, as well as targeting areas of improvement. Supervisors shall make every effort to assist
employees in the redemption of deficiencies disclosed by evaluations. It is the expectation of the
Board that an evaluation program will be developed and implemented. The Superintendent shall
delegate the responsibility for implementing this program to the Assistant Superintendent for
Personnel.
The purpose of support staff evaluations are:
a)
To provide an objective basis for employee improvement;
b)
To maintain salaries commensurate with job requirements and responsibilities; and
c)
To recognize qualified employees.
In accordance with the rules of the Civil Service Commission of the City of Auburn, all persons
appointed for a probationary period shall be evaluated within two weeks prior to the end of the
probationary term. To meet this rule, the Board requires the following evaluation procedure be
employed with regard to permanent appointments from an open-competitive lists:
Weeks Following
Start
4 weeks
8 weeks
12 weeks
16 weeks
20 weeks
22 weeks
23-24 weeks
24-26 weeks
Administrative Action Required
Informal evaluation by supervisor;
Formal written evaluation by supervisor, shared with probationer; copy to
Assistant Superintendent for Business;
Informal evaluation by supervisor;
Formal written evaluation by supervisor, shared with probationer; copy to
Assistant Superintendent for Business;
Formal written evaluation by supervisor, shared with probationer; copy to
Assistant Superintendent for Business. Recommendation by Assistant
Superintendent for Business for appointment or termination of probationer;
Recommendation by Assistant Superintendent for Business to Superintendent
and Board of Education for appointment or termination of probationer;
Written notice to probationer if he/she is to be terminated. Exit interview with
Board or representative before termination; and
Action by Board on recommendation to terminate probationer.
(Continued)
2003
6131
2 of 2
Personnel
SUBJECT:
EVALUATION OF SUPPORT STAFF (Cont'd.)
If requested by the Civil Service Department, the District will keep and report performance
ratings of Civil Service employees prior to making a permanent appointment. For those support staff
members who are members of a collective bargaining unit, permanent appointments will be made as
per negotiated agreement(s).
Adopted: 5/13/03
2003
6140
Personnel
SUBJECT:
HEALTH EXAMINATIONS
All teachers initially appointed to probationary positions shall obtain a physical examination.
When such examination is made by the school physician, the cost of such examination shall be borne
by the District. A teacher, however, may elect to have a health examination at his/her own expense by
a physician of his/her own choice.
The Board reserves the right to request a health examination at any time during employment, at
School District expense, in order to determine whether the employee can perform the essential
functions of the position with or without reasonable accommodation.
Support staff personnel initially appointed to positions may be requested to obtain physical
examinations at the expense of the School District. The physical examination is to be obtained from
the school physician.
All bus drivers and substitute bus drivers shall have yearly physical examinations. Each bus
driver initially employed by the School District shall have a physical examination within the four (4)
weeks prior to the beginning of service. In no case shall the interval between physical examinations
exceed a twelve (12) month period.
Annual or more frequent examinations of any employee may be required, when, in the judgment
of the school physician and the Superintendent, such procedure is deemed necessary.
The final acceptance or rejection of a medical report with reference to the health of an employee
lies within the discretion of the Board. The decision of the physician designated by the Board as the
determining physician shall take precedence over all other medical advice.
Education Law Section 913
Bus Drivers: 8 New York Code of Rules and
Regulations (NYCRR) Section 156.3(2)
Rules and Regulations of the Commissioner of
Motor Vehicles Section 5.09-b
Cafeteria Workers: State Sanitary Code
Adopted : 5/13/03
2003
6150
Personnel
SUBJECT:
ALCOHOL, DRUGS AND OTHER SUBSTANCES (SCHOOL PERSONNEL)
The Board of Education, recognizing that students are often influenced by teachers and other
members of a school's staff, impresses upon staff members the importance of maintaining a high level
of professionalism appropriate to their position, which, in turn, shall set a positive example for
students.
The Board, therefore, prohibits the consumption, sharing and/or selling, use and/or possession of
illegal drugs, counterfeit and designer drugs or alcoholic beverages in the workplace, or when the
effects of such drugs and/or alcohol use may impair an employee's job performance.
Information about any drug and alcohol counseling and/or rehabilitation programs shall be made
available to employees. Data will also include the range of penalties, (consistent with local, state and
federal law), up to and including termination of employment and referral for prosecution that will be
imposed on employees who have transgressed the terms of this policy.
Additionally, confidentiality shall be insured as required by state and federal law.
The Superintendent shall biennially review the drug and alcohol abuse prevention program to
determine its effectiveness and support appropriate modifications, as needed.
Education Law Sections 913, 1711(5)(e), and 3020-a
Civil Service Law Section 75
Drug-Free Schools and Communities Act
Amendment of 1989
(Public Law 101-226)
20 United States Code (USC) Section 3171 et seq.
Adopted: 5/13/03
2003
6151
Personnel
SUBJECT:
DRUG-FREE WORKPLACE
It shall be the general policy of the Board of Education to affirm that all programs in the District
that receive Federal funds shall guarantee that their workplaces are free of controlled substances.
"Controlled substance" means a controlled substance in schedules I through V of Section 202 of the
Controlled Substances Act (21 USC 812) and as further defined in regulation at 21 Code of Federal
Regulations (CFR) 1308.11-1308.15. An acknowledgment form shall be signed by the Superintendent
indicating that the District is in full compliance with the Drug-Free Workplace Act. This policy shall
guarantee that not only Federally funded programs, but the entire District is free of controlled
substances.
"Workplace" is defined as a school building or other school premises; any school-owned vehicle
or any other school-approved vehicle used to transport students to and from school or school activities;
off school property during any school-sponsored or school-approved activity, event or function, such
as a field trip or athletic event, where students are under the jurisdiction of the School District.
The Board of Education directs the administration to develop regulations to comply with this
policy, and further supports such actions and activities of the administration as shall be required to
maintain a drug-free workplace.
Drug-Free Workplace Act
(Public Law 100-690)
34 Code of Federal Regulations (CFR) Part 85
Adopted: 5/13/03
2003
6160
1 of 2
Personnel
SUBJECT:
PROFESSIONAL GROWTH/STAFF DEVELOPMENT
It is the policy of the District that attention be given to in-service, pre-service, and other staff
development programs which are believed to be of benefit to the School District and its students. The
Superintendent, in consultation with the appropriate administrative staff and/or teacher committees, is
directed to arrange in-service programs and other staff development opportunities which will provide
for the selection of subjects pertinent to the curriculum in the schools, to build from these subjects
those topics or courses for in-service or staff development which will help employees acquire new
methods of performing their job responsibilities or help staff improve on those techniques which are
already being used in the schools, with the objective of improving professional competencies.
It is recommended that administration develop meaningful in-service and/or staff development
programs which will achieve the following:
a)
Contribute to the instructional program of the schools;
b)
Contribute to improved education for students;
c)
Achieve state mandates;
d)
Enhance the professional competencies and/or instructional abilities of staff members.
The Board of Education, therefore, encourages all employees to improve their competencies
beyond that which they may obtain through the regular performance of their assigned duties.
Opportunities should be provided for:
a)
Planned in-service programs, courses, seminars, and workshops offered both within the
School System and outside the District.
b)
Visits to other classrooms and schools, as well as attendance at professional meetings, for
the purpose of improving instruction and/or educational services.
c)
Orientation/re-orientation of staff members to program and/or organizational changes as
well as District expectations.
Attendance at such professional development programs must be directly linked to the duties and
responsibilities comprising the job description of the employee. Consequently, employees are
encouraged to participate in the planning of staff development programs designed to meet their
specific needs.
Members of the staff are also encouraged to continue their formal education as well as to attend
their respective work-related workshops, conferences and meetings.
(Continued)
2003
6160
2 of 2
Personnel
SUBJECT:
PROFESSIONAL GROWTH/STAFF DEVELOPMENT PROGRAMS (Cont'd.)
Funds for participating at such conferences, conventions, and other similar professional
development programs will be budgeted for by the Board of Education on an annual basis.
Reimbursement to District staff for all actual and necessary registration fees, expenses of travel, meals
and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and
the like will be in accordance with established regulations for conference attendance and expense
reimbursement.
The Superintendent of Schools or his/her designee has authority to approve release time and
expenses for staff members' attendance at professional training conferences, study councils, in-service
courses, workshops, summer study grants, school visitations, professional organizations and the like
within budgetary constraints.
A conference request form/course approval form must be submitted by the employee and
approved by the designated administrator prior to the employee's attendance at such conference or
other professional development program.
Education Law Section 1604(27)
General Municipal Law Sections 77-b and 77-c
Adopted: 5/13/03
2003
6180
1 of 2
Personnel
SUBJECT:
SAFETY OF STUDENTS (FINGERPRINTING CLEARANCE OF NEW HIRES)
Unless otherwise authorized in accordance with law and regulation, the District shall not employ
or utilize a prospective school employee, as defined below, unless such prospective school employee
has been granted a "full" clearance for employment by the State Education Department (SED). The
School District shall require a prospective school employee who is not in the SED criminal history file
to be fingerprinted for purposes of a criminal history record check by authorized personnel of the
designated fingerprinting entity. For purposes of this provision of law, the term "criminal history
record" shall mean a record of all convictions of crimes and any pending criminal charges maintained
on an individual by the Division of Criminal Justice Services (DCJS) and the Federal Bureau of
Investigation (FBI). The District shall, however, obtain the applicant's consent to the criminal history
records search.
The District shall utilize SED's Web-based application known as *TEACH for instantaneous
access to important information about certification and fingerprinting. Through TEACH, SED
provides an individual with the ability to apply for fingerprint clearance for certification and/or
employment and view the status of his/her fingerprint clearance request. Through TEACH, the School
District is able, among other applications, to submit an online request for fingerprint clearance for a
prospective employee, view the status of a fingerprint clearance request, and determine whether a
subsequent arrest letter has been issued.
Safety of Students
The District will develop internal building and/or program procedures to help ensure the safety
of students who have contact with an employee holding conditional appointment or emergency
conditional appointment. Such procedures will address the safety of students in the classroom,
students attending off-campus activities under the supervision of the School District, and students
participating in extracurricular and/or co-curricular activities (including sports and athletic activities).
Safety procedures to be addressed include, but are not limited to, the following: supervision of
the employee holding conditional appointment/emergency conditional appointment as determined
appropriate by the applicable building/program administrator; and periodic visitations by the
building/program administrator to the classroom, program and/or activity assigned to the employee
holding conditional appointment/emergency conditional appointment.
"Sunset" Provision for Conditional Appointments/Emergency Conditional Appointments
The provisions in law which permit the conditional appointment and/or emergency conditional
appointment of employees pending full clearance from SED shall terminate, in accordance with
legislation, on July 1, 20123; and shall be rescinded as Board policy and procedure as of that date
(unless subsequent revisions to applicable law provide otherwise).
(Continued)
2003
6180
2 of 2
Personnel
SUBJECT:
SAFETY OF STUDENTS (FINGERPRINTING CLEARANCE OF NEW HIRES)
(Cont'd.)
Access to TEACH
Information regarding fingerprinting of new hires, including relevant laws and regulations,
frequently asked questions (FAQs), an up-to-date chart for "Who Must be Fingerprinted", and
instructions on the fingerprinting process are found on www.highered.nysed.gov/tcert/ospra. To
request access to TEACH, email TEACHHELP@mail.nysed.gov.
Correction Law Article 23-A
Education Law Sections 305(30), 305(33), 1604, 1709, 1804, 1950, 2503, 2554, 2590-h, 2854, 3004-b, 3004-c
and 3035
Executive Law Section 296(16)
Social Services Law Article 5, Title 9-B
8 New York Code of Rules and Regulations (NYCRR) Sections 80-1.11 and Part 87
Adopted: 5/13/2003
Amended: 6/12/2012
2003
6210
Personnel
SUBJECT:
CERTIFIED PERSONNEL
The Board of Education shall, upon the recommendation of the Superintendent, create, abolish,
maintain and/or consolidate positions involving certified persons as necessary for the proper and
efficient achievement of its goals.
All assignments and transfers shall be made in accordance with the provisions of law, Board of
Education policies, and the employee's negotiated agreement.
8 New York Code of Rules and Regulations
(NYCRR) Part 30
Education Law Sections 2510 and 3013
Adopted: 5/13/03
2003
6211
Personnel
SUBJECT:
RECRUITMENT
The District will attempt to employ the best qualified personnel for any position.
Professional personnel shall be recruited and selected by, or at the direction of, the
Superintendent of Schools, who shall recommend appointment to the Board of Education.
The District shall provide equal opportunity in employment for all qualified persons in
accordance with Federal and State legislation.
Education Law Section 3012
Adopted: 5/13/03
2003
6212
Personnel
SUBJECT:
CERTIFICATION
a)
In accordance with applicable statutes, Rules of the Board of Regents, and Regulations of the
Commissioner of Education, each employee whose employment requires certification or other
licensure shall inform the Superintendent of Schools immediately of any change in the status of
his/her certification or licensure. The changes shall include, but not be limited to, the granting,
revocation, upgrading, expiration, conversion and/or extension of these documents as to their
periods of validity or their titles.
b)
The certificates and/or licenses must be presented for examination and copying in the office of
the Superintendent of Schools as soon as they are available to the employee. The copies will be
maintained in the Superintendent's files in support of the legitimate employment of each affected
employee. The failure of any such employee to possess the required certification or other
licensure may result in the discharge of that employee.
c)
Whether or not the District verifies an individual's certification or licensure does not waive the
responsibility of the employee to maintain what is required for his/her assignment.
Education Law Sections 3001, 3001-a,
3004, 3006, and 3008
8 New York Code of Rules and Regulations
(NYCRR) Subparts 80-1, 80-2 and 80-3
Adopted: 5/13/03
2003
6212.1
Personnel
SUBJECT:
INCIDENTAL TEACHING
The Superintendent may assign a teacher to teach a subject not covered by such a teacher's
certification or license for a period not to exceed five classroom hours a week, when no certified or
qualified teacher is available after extensive and documented recruitment, and provided that approval
of the Commissioner of Education is obtained in accordance with the requirements as enumerated in
Commissioner's Regulations.
Not later than twenty (20) business days after such an assignment, the Superintendent shall
submit for approval an application, in a form satisfactory to the Commissioner, containing the
following information:
a)
Evidence of extensive recruitment of a teacher certified in the appropriate area;
b)
The name and certification status of the teacher given such assignment.
c)
The subject which the teacher is being assigned to teach on an incidental basis and the total
number of classes in such subject being taught on an incidental basis;
d)
The qualification of the teacher to teach such subject on an incidental basis;
e)
The specific reasons why an incidental assignment is necessary;
f)
The anticipated duration of the incidental teaching assignment; and
g)
The number of applications, approved or pending, for authorization to make incidental
teaching assignments in the same certification area for which the current authorization is
being sought.
To be approved, such application shall demonstrate to the satisfaction of the Commissioner that
an incidental teaching assignment is necessary, that the teacher assigned is the best qualified to teach
the subject on an incidental basis, and that the requirements of the Commissioner's Regulations have
been met.
The Commissioner will issue a determination within twenty (20) business days of receipt of the
District's application.
In the event that the application is disapproved or to obtain renewal of such approval in any
subsequent year, the Superintendent shall comply with enumerated requirements per Commissioner's
Regulations.
8 New York Code of Rules and Regulations
(NYCRR) Section 80-5.3
Adopted: 5/13/03
2003
6213
Personnel
SUBJECT:
PROBATION AND TENURE
Probation
Certified staff members shall be appointed to a probationary period by a majority vote of the
Board of Education upon recommendation of the Superintendent of Schools.
Full-time certified staff members shall be appointed to a probationary period of three (3) years.
However, the probationary period shall not exceed two (2) years for teachers previously appointed to
tenure in this or another school district or BOCES within the state, provided the teacher was not
dismissed from the former district. Additionally, up to two (2) years of service as a regular substitute
teacher may be applied towards probationary service. This is sometimes referred to as Jarema Credit.
During the probationary period, a member shall be given assistance in adjusting to the new
position, but the essential qualifications for acceptable performance shall be assumed because of the
possession by the member of the required certification or license.
Tenure
Certified staff members successfully completing a probationary period in the Auburn Enlarged
City School District may be recommended (by the Superintendent of Schools) to the Board of
Education for tenure appointment.
The Board will follow all applicable statutes regarding tenure.
Education Law Sections 3012 and 3031
Adopted: 5/13/03
2003
6213.1
Personnel
SUBJECT:
DISCIPLINING OF A TENURED TEACHER OR CERTIFIED PERSONNEL
Tenured teachers and certain certified personnel may be subject to disciplinary charges that are
set forth in Section 3012 of the Education Law.
Procedures for a hearing regarding these disciplinary measures will be in accordance with
Section 3020-a of the Education Law and/or in accordance with applicable contractual provisions.
8 New York Code of Rules and Regulations
(NYCRR) Subpart 82-1
Adopted: 5/13/03
2003
6214
Personnel
SUBJECT:
PROFESSIONAL STAFF: SEPARATION
A professional staff member may be dismissed upon provision of at least sixty (60) days notice
and pay during the probationary period only upon the recommendation of the Superintendent and
majority vote of the Board in accordance with the Education Law.
The Board shall expect any professional staff member desiring to terminate his/her services to
provide the Board with a minimum of thirty (30) days notice before the effective termination date.
When possible, a professional staff member shall make every effort to terminate employment at
the end of the school year. Resignations must be in writing and include the effective date.
Education Law Sections 3012, 3019-a, and 3031
Adopted: 5/13/03
2003
6215
Personnel
SUBJECT:
EMPLOYMENT OF RELATIVES OF BOARD OF EDUCATION MEMBERS
The appointment of a teacher who is related by bloodline or legal process (including marriage) to
any member of the Board of Education shall be subject to the consent of two-thirds of the members of
the Board of Education to be determined at a Board meeting and to be entered upon the proceedings of
the Board.
The Board shall take the same stance in the hiring of professional staff other than teachers.
Education Law Section 3016
General Municipal Law Sections 800-809
Adopted: 5/13/03
2003
6220
Personnel
SUBJECT:
TEMPORARY PERSONNEL
District's needs may sometimes require temporary appointments. The terms of these
appointments shall be defined by the Board of Education on a case by case basis.
Student Teachers
The Auburn Enlarged City School District shall cooperate with teacher training institutions in the
placement of student teachers in order to provide beginning teachers with the best possible student
teaching experience.
Student teachers shall be protected from liability for negligence or other acts resulting in
accidental injury to any person by the School District, as provided by law.
Substitute Teachers
A substitute teacher qualified to teach in the Auburn Enlarged City School District shall be
employed, whenever possible, by the Superintendent of Schools in the absence of a regular teacher. It
is recognized that fully certified persons will not always be available for employment as substitute
teachers.
The Board of Education shall annually establish the ordinary rate for per diem substitute
teachers.
8 New York Code of Rules and Regulations
(NYCRR) Section 80-5.4
Education Law Section 3023
Adopted: 5/13/03
2003
6310
Personnel
SUBJECT:
APPOINTMENT - SUPPORT STAFF
The probationary period for all new civil service employees shall be for the maximum period
established by the local Civil Service Commission.
The time, place and conditions of employment shall be assigned by the Superintendent of
Schools. The duties for each Civil Service employee shall be clearly defined.
Civil Service Law Section 63
Adopted: 5/13/03
2003
6320
Personnel
SUBJECT:
EMPLOYMENT OF TEACHER AIDES
In accordance with Regulations of the Commissioner, the Board of Education may employ aides
to assist in the daily operation of the school through non-teaching duties.
The duties and responsibilities to be assumed by aides shall be outlined by the Superintendent of
Schools.
Persons employed as aides shall be responsible to the building principal and/or his/her
designated representatives.
8 New York Code of Rules and Regulations
(NYCRR) Section 80-5.6
Adopted: 5/13/03
2003
6410
Personnel
SUBJECT:
MAINTAINING DISCIPLINE AND CONDUCT
All personnel employed by the District are responsible for maintaining student discipline and
appropriate conduct during school hours or at extracurricular events.
Adopted: 5/13/03
2003
6420
Personnel
SUBJECT:
EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION
Personnel Records
Administrative regulations will be developed to implement the terms of this policy to maintain a
personnel file for each teacher, administrator and support staff member employed by the District.
Regulations and procedures will be developed addressing the inspection by District employees of
their personnel files.
Release of Personnel Information
All steps should be taken to protect the privacy of the employees of the Board of Education. To
ensure the individual's privacy, directory or confidential information should not be shared with a third
party except in the following situations:
a)
When members of the Board of Education need information from the employee's personnel
record to aid them in performing their legal responsibilities in such matters as
appointments, assignments, promotions, demotions, remuneration, discipline, dismissal or
to aid in the development and implementation of personnel policies.
b)
When the employee grants permission.
Procedures for obtaining consent for release of records to third parties shall be developed by the
administration.
Release of Information Concerning Former Employees
The District shall not release information concerning the employment records, personnel file or
past performance of a former employee, unless such information is required to be disclosed by law.
Only the initial and final dates of employment and the position held shall be provided through a
written response to a written request. The former employee may authorize the release of any
additional information.
8 New York Code of Rules and Regulations
(NYCRR) Part 84
Public Officers Law Section 87
Adopted: 5/13/03
2003
6430
Personnel
SUBJECT:
EMPLOYEE ACTIVITIES
Political Activities
The Board of Education recognizes the right of its employees, as citizens, to engage in political
activities and to exercise their constitutionally-protected rights to address matters of public concern.
However, a District employee's constitutional rights to raise matters of public concern are limited
when the speech or action occurs on school grounds and/or during school times. When such speech or
action occurs on school grounds and/or during school time, the Board of Education can impose
reasonable restrictions on the time, place and manner of the speech or action, and can further regulate
the content of such speech when it materially imperils the efficient operation of the school.
Teachers may not use their classrooms or school surroundings as a means to promote their
personal political views and beliefs. However, teachers are encouraged to address issues of current
events for their instructional and informational value to students, to invite public and/or political
figures to visit the classroom as a community resource, and to motivate students to participate in the
political process.
Solicitations by Staff Personnel
Staff members shall not be engaged in advertising or commercial solicitations on school time,
except as authorized by the Superintendent and/or designee.
NOTE:
Refer also to Policy #5560 -- Use of District Funds for Partisan Political Activity
Adopted: 5/13/03
2003
6440
Personnel
SUBJECT:
NEGOTIATIONS
Legal Status
The legal status for negotiations is the Public Employees' Fair Employment Law (Taylor Law),
Article 14 of the Civil Service Law.
Organizations recognized for the purposes of collective bargaining include:
a)
Auburn Teachers' Association
b)
Civil Service Employees' Association; Inc., Local 1000
AFSCME/AFL-CIO, Cayuga County Local 806, Enlarged Auburn City School
District Non-Instructional Employees
c)
Auburn Administrators' Association
d)
Local 200-B Service Employees' International Union, AFL-CIO
e)
Auburn Educational Secretaries and Paraprofessionals Association
f)
Auburn Per Diem Substitute Teachers/NYSUT, New York State United Teachers, AFT,
AFL-CIO
Adopted: 5/13/03
2003
6450
Personnel
SUBJECT:
THEFT OF SERVICES OR PROPERTY
The theft of services or property from the District by an employee will result in immediate
disciplinary action that can lead to dismissal or other penalty, and shall not preclude the filing of
criminal or civil charges by the District.
Adopted: 5/13/03
2003
6460
Personnel
SUBJECT:
JURY DUTY
A District employee called for jury duty shall receive his/her full day's pay from the School
District. No employee shall be entitled to receive the per diem allowance for any regularly scheduled
workday on which jury duty is rendered if on such a day his/her wages are not withheld on account of
such service.
Judiciary Law Section 521(b)
Adopted: 5/13/03
2003
6470
1 of 2
Personnel
SUBJECT:
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES
The Board of Education will provide staff with access to various computerized information
resources through the District's computer system (DCS hereafter) consisting of software, hardware,
computer networks and electronic communication systems. This may include access to electronic
mail, so-called "on-line services" and the "Internet." It may also include the opportunity for some staff
to have independent access to the DCS from their home or other remote locations. All use of the DCS,
including independent use off school premises, shall be subject to this policy and accompanying
regulations.
The Board encourages staff to make use of the DCS to explore educational topics, conduct
research and contact others in the educational world. The Board anticipates that staff access to various
computerized information resources will both expedite and enhance the performance of tasks
associated with their positions and assignments. Toward that end, the Board directs the
Superintendent or his/her designee(s) to provide staff with training in the proper and effective use of
the DCS.
Staff use of the DCS is conditioned upon written agreement by the staff member that use of the
DCS will conform to the requirements of this policy and any regulations adopted to insure acceptable
use of the DCS. All such agreements shall be kept on file in the District office.
Generally, the same standards of acceptable staff conduct which apply to any aspect of job
performance shall apply to use of the DCS. Employees are expected to communicate in a professional
manner consistent with applicable District policies and regulations governing the behavior of school
staff. Electronic mail and tele-communications are not to be utilized to share confidential information
about students or other employees.
This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it
the intention of this policy to define all inappropriate usage. Administrative regulations will further
define general guidelines of appropriate staff conduct and use as well as proscribed behavior.
District staff shall also adhere to the laws, policies and rules governing computers including, but
not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy
created by federal and state law.
Staff members who engage in unacceptable use may lose access to the DCS and may be subject
to further discipline under the law and in accordance with applicable collective bargaining agreements.
Legal action may be initiated against a staff member who willfully, maliciously or unlawfully
damages or destroys property of the District.
(Continued)
2003
6470
2 of 2
Personnel
SUBJECT:
STAFF USE OF COMPUTERIZED INFORMATION RESOURCES (Cont'd.)
Privacy Rights
Staff data files and electronic storage areas shall remain District property, subject to District
control and inspection. The computer coordinator may access all such files and communications to
insure system integrity and that users are complying with requirements of this policy and
accompanying regulations. Staff should NOT expect that information stored on the DCS will be
private.
Implementation
Administrative regulations will be developed to implement the terms of this policy, addressing
general parameters of acceptable staff conduct as well as prohibited activities so as to provide
appropriate guidelines for employee use of the DCS.
NOTE:
Refer also to Policy #8271 – Internet Content Filtering
Adopted: 5/13/03
2003
6480
Personnel
SUBJECT:
USE OF PRIVATELY OWNED CARS
Employees of the Enlarged City School District of Auburn should use school owned vehicles
whenever possible when on official school business.
Reimbursement for use of privately owned vehicles must have prior approval of Superintendent
or his/her designee and shall be at a rate approved by the Board of Education.
Adopted: 5/13/03
2004
6510
Personnel
SUBJECT:
HEALTH INSURANCE
Health insurance for certified and support staffs, both active and retired, shall be in accordance
with their respective negotiated agreements.
Continuation of Medical Insurance Coverage at Termination of Employment
Under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA), employees and their dependents are eligible to continue their insurance coverage for up to
eighteen (18) months when termination of their insurance is due to a reduction in their hours worked,
or upon termination of their employment.
Dependents of employees are eligible to continue their insurance for up to thirty-six (36) months
upon occurrence of one of the following events:
a)
Death of the covered employee; or
b)
Divorce or legal separation from the covered employee; or
c)
An employee becomes eligible for Medicare and ceases to participate in the employersponsored plan; or
d)
The dependents of a covered employee reach the maximum age for dependent coverage.
Those who are eligible to continue coverage have up to sixty (60) days to complete the
Continuation of Coverage Election Form. They must pay the full cost of their premium plus
administrative costs incurred by the District.
Consolidated Omnibus Budget
Reconciliation Act of 1985
Adopted: 5/11/2004
1990
6511
Personnel
SUBJECT:
EXCLUDED PERSONNEL
Those individuals who have been excluded from a Bargaining Unit shall be compensated to their
responsibilities, ability and certification. Other benefits shall be at least equal to those benefits given
to members of the unit from which an individual was excluded.
Education Law 2503
Adopted: 1990
2004
6512
Personnel
SUBJECT:
PRIVACY OF PROTECTED HEALTH INFORMATION
The Board of Education seeks to safeguard the privacy of protected health information of
District employees. The Board of Education directs the Superintendent to develop and implement
appropriate guidelines and procedures for safeguarding the privacy of employee health information
consistent with federal and state laws and regulations.
Health Insurance Portability and Accountability Act of
1996 (HIPAA)
Medical Records Privacy Regulations
Adopted: 7/27/2004
2003
6520
Personnel
SUBJECT:
WORKERS' COMPENSATION
Employees injured in the performance of their duties are covered by Workers' Compensation
Insurance. Employees shall report work-related injuries immediately to their immediate supervisor.
Delay in reporting, if necessary, must be justified to the satisfaction of the Board of Education and/or
the insurance agency.
Reimbursement for Workers' Compensation Insurance benefits shall be in accordance with their
respective negotiated agreements.
Education Law Sections 1604(31),
1709(34) and 2503(10)
Adopted: 5/13/03
2003
6530
Personnel
SUBJECT:
PAYROLL DEDUCTIONS
Payroll deductions may be made when authorized by employees or when required by law or
negotiated agreements.
Education Law Section 1709
Adopted : 5/13/03
2003
6531
Personnel
SUBJECT:
TAX SHELTERED ANNUITIES
The Board of Education authorizes staff participation in tax sheltered annuities and shall provide
for payroll deductions for such participation by any eligible employee.
All companies which sell tax sheltered annuities to employees through the School District must
be approved by the Superintendent and/or School Business Official. Any firm soliciting participation
in such tax sheltered annuities among the staff of the School District must comply with the provisions
of Section 403(b) of the Internal Revenue Code of 1954, as amended. Additionally, such firms must
also abide by all other relevant laws and regulations set forth by the State of New York and its relevant
agencies, and must be licensed to provide tax sheltered annuities in New York State. A minimum of
ten employees is required to begin payroll deductions with a new firm.
The Superintendent and/or the School Business Official are authorized to approve, on behalf of
the Board of Education, a salary reduction agreement between an eligible employee and the School
District. The amount of such reduction will be remitted by the School District to the company
specified by the employee in the agreement for the purpose of purchasing a tax sheltered annuity
which qualifies for purposes of Section 403(b). An appropriate salary reduction agreement must be on
file and signed by the employee, the agent and the employer.
All tax sheltered annuity agreements, and any changes thereafter, under Section 403(b) of the
Internal Revenue Code must be filed using a form that is acceptable to the District.
Failure on the part of any vendor and/or agent to comply with this policy will be sufficient
grounds for denying further sales to School District employees.
Section 403(b) of the Internal Revenue Code of 1954,
as amended
Education Law 1604(31-a), 1709(34-1), 1709(35),
and 3109
General Municipal Law 93-b and 93-c
Adopted: 5/13/03
2003
6540
1 of 2
Personnel
SUBJECT:
DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND
EMPLOYEES
Liability Protection Pursuant to Education Law
The Board of Education recognizes its statutory obligation to indemnify School District
employees (and in certain circumstances, Board of Education members and volunteers) pursuant to the
provisions of Sections 3023, 3028 and 3811 of the Education Law. For the purposes of this policy, the
term "employee" shall be as defined in the applicable statute(s).
The District shall not be subject to the duty to defend unless the employee, within the time
prescribed by statute, delivers appropriate notice of the claim to the Board of Education.
a)
For purposes of Education Law Section 3811, the employee must give written notice within
five (5) days after service of process upon him/her. The statute mandates only written
notice of the claim to the Board of Education; however, submission of relevant legal
documents by the employee to the Board is also encouraged.
b)
For purposes of Education Law Sections 3023 and 3028, the employee must deliver the
original or a copy of the relevant legal documents to the Board within ten (10) days after
service of process upon him/her.
The District will provide legal defense and/or indemnification for all damages, costs, and
reasonable expenses incurred in the defense of an action or proceeding if authorized pursuant to statute
and provided that the alleged action or omission which occurred or allegedly occurred is covered by
the appropriate statute(s). Furthermore, the District will not be required to provide indemnification
protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in
the discharge of his/her duties within the scope of his/her employment or authorized volunteer duties
and/or under the direction of the Board of Education.
Public Officers Law Section 18
The Board of Education hereby also confers the benefits of Section 18 of the New York State
Public Officers Law upon the "employees" of the District, as defined in Section 18 of the Public
Officers Law; and the District assumes the liability for the costs incurred in accordance with the
provisions of Section 18. The benefits accorded to District employees under Section 18 of the Public
Officers Law shall supplement and be available in addition to defense or indemnification protection
conferred by other enactments or provisions of law.
(Continued)
2003
6540
2 of 2
Personnel
SUBJECT:
DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND
EMPLOYEES (Cont'd.)
The term "employees" shall include members of the Board of Education; the Superintendent;
District officers; District employees; volunteers expressly authorized to participate in a District
sponsored volunteer program; or any other person holding a position by election, appointment or
employment in the service of the District, whether or not compensated. The term "employee" shall
also include a former employee, his/her estate or judicially appointed representative for actions and
decisions made during employment by the District.
Pursuant to the provisions of Section 18 of the Public Officers Law, and upon compliance by the
employee with the requirements of this statute, the District shall provide for the defense of the
employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission
which occurred or allegedly occurred while the employee was acting within the scope of his/her public
employment or duties. Furthermore, the District shall indemnify and save harmless its employees in
the amount of any judgment obtained against such employees in a state or federal court, or in the
amount of any settlement of a claim, provided that the act or omission from which such judgment or
claim arose occurred while the employee was acting within the scope of his/her public employment or
duties. However, in the case of a settlement, the duty to indemnify and save harmless shall be
conditioned upon the approval of the amount of the settlement by the Board of Education.
The duty to defend and/or indemnify and save harmless, in accordance with Section 18 of the
Public Officers Law, shall be conditioned upon the delivery by the employee to the School District
attorney or to the Superintendent a written request to provide for his/her defense, together with the
original or a copy of any summons, complaint, process, notice, demand or pleading within ten (10)
days after he/she is served with such document. Pursuant to Section 18, the full cooperation of the
employee in the defense of such action or proceeding and in the defense of any action or proceeding
against the District based upon the same act or omission, and in the prosecution of any appeal, shall
also be required as a condition for the District's duty to defend and/or indemnify and save harmless to
exist.
Exceptions to Liability Coverage
Indemnification coverage and/or provision of legal defense by the District will not apply unless
the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from
coverage pursuant to law. Additionally, indemnification coverage and/or the duty to provide a defense
shall not arise where such action or proceeding is brought by or on behalf of the School District.
Public Officers Law Section 18
Education Law Sections 1709(26) and (34-b),
2560, 3023, 3028, and 3811
General Municipal Law Sections 6-n and 52
Adopted : 5/13/03
2003
6550
1 of 2
Personnel
SUBJECT:
a)
b)
LEAVES OF ABSENCE
In general, leaves of absence:
1.
Shall be administered by the Superintendent.
2.
The Board reserves the right to grant leaves of absence for purposes or under conditions
not contemplated or considered in the policy statement.
3.
Under laws and rules governing such action, the Board may undertake appropriate
disciplinary action where a leave of absence is falsely requested or improperly used.
4.
Except by permission of the Superintendent, as expressed in writing, the purpose or
conditions of a leave of absence may not be altered.
Leaves of absence, contractual, et al:
1.
Employees who are members of a negotiating unit:
Authorization is granted to approve requests for leaves of absence submitted pursuant to
provisions of contracts in effect between the District and each bargaining unit.
2.
Employees who are not members of a negotiating unit:
Authorization is granted to approve requests for leaves of absence submitted by such
employees where such requests are consistent with provisions of contracts in effect
between the District and the bargaining unit most compatible with the employment status
of the employee.
3.
Employees who are under contract to the District:
Authorization is granted to implement provisions for leaves of absence contained in each
such contract.
c)
Leaves of absence, unpaid, not covered in b) 1. above:
1.
Subject to limitations enumerated in this policy statement, authorization is granted for the
following unpaid leaves of absence.
(a)
For a period of time not to exceed one school year for approved graduate study, such
leave to include any required internship experience.
(Continued)
2003
6550
2 of 2
Personnel
SUBJECT:
(b)
LEAVES OF ABSENCE (Cont'd.)
At the expiration of a paid sick leave of absence, to extend such a leave of absence
for a period of time not to exceed the end of the school year next succeeding the
school year in which the paid leave of absence commenced.
2.
Unpaid leaves of absence shall not be used to extend vacation periods, to take vacations, to
engage in other occupations, or to provide additional personal leaves, except that the
Superintendent shall have discretion, where circumstances warrant, to approve leaves of
absence for such purposes.
3.
Unpaid leaves of absence shall not be granted unless the services of a substitute employee,
satisfactory in the discretion of the Superintendent, can be secured.
4.
Except where it interferes with an employee's legal or contractual rights, the timing of
unpaid leaves of absence will be granted at the convenience of the District.
Education Law Sections 1709(16), 3005, 3005-a,
and 3005-b
Civil Service Law Sections 71-73
Adopted: 5/13/03
2003
6551
1 of 6
Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT
The Board of Education, in accordance with the Family and Medical Leave Act of 1993 (as
amended) (FMLA), gives "eligible" employees of the District the right to take unpaid leave for a
period of up to twelve (12) workweeks in a twelve-month period as determined by the District.
*The School District must compute the time frame of the twelve (12) month period for which
FMLA leave is being requested. The following four (4) choices are available:
a)
A twelve (12) month period measured forward from the date of the employee's first FMLA
leave usage; or
*The District uses (a, b, c, or d,) as its method for calculating the leave year period for the
commencement of the FMLA leave period. In certain cases, FMLA leave may be taken on an
intermittent basis rather than all at once, or the employee may work a part-time schedule.
Employees are "eligible" if they have been employed by the District for at least twelve (12)
months and for at least 1,250 hours of service during the previous twelve-month period. Full-time
teachers are deemed to meet the 1,250 hour test. However, a break in employment for military service
(i.e., call to active duty) should not interrupt the twelve (12) month/1,250 hours of employment
requirement and should be counted toward fulfilling this prerequisite. The law covers both full-time
and part-time employees.
Qualified employees may be granted leave for one (1) or more of the following reasons:
a)
The birth of a child and care for the infant;
b)
Adoption of a child and care for the infant;
c)
The placement with the employee of a child in foster care;
d)
To care for a spouse, child or parent who has a "serious health condition" as defined by the
FMLA; and/or
(Continued)
2003
6551
2 of 6
Personnel
SUBJECT:
e)
FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
A "serious health condition" of the employee, as defined by the FMLA, that prevents the
employee from performing his/her job. A "serious health condition" is defined as an illness,
injury, impairment or physical or mental condition that involves inpatient care or
continuing treatment by a health care provider that renders the employee incapacitated for
more than three (3) consecutive calendar days and where the employee is required to see
the health care provider at least twice. A "serious health condition" is also defined as any
period of incapacity related to pregnancy or for prenatal care.
Military Family Leave Entitlements
Military Caregiver Leave
An eligible employee who is the spouse, son, daughter, parent, or next of kin (defined as the
nearest blood relative) of a "covered service member" who is recovering from a service-connected
serious illness or injury sustained while on active duty or a veteran who has a qualifying injury or
illness from service within the last five (5) years and aggravates that illness or injury, is entitled to up
to 26 weeks of leave in a single 12-month period to care for the service member. This military
caregiver leave is available during a single 12-month period during which an eligible employee is
entitled to a combined total of 26 weeks of all types of FMLA leave. Military Caregiver Leave may be
combined with other forms of FMLA-related leave providing a combined total of twenty-six (26)
weeks of possible leave for any single twelve (12) month period; however, the other form of FMLA
leave when combined can not exceed twelve (12) of the twenty-six (26) weeks of combined leave.
Military Caregiver Leave has a set "clock" for calculating the twelve (12) month period for when
FMLA leave begins and tolling starts at the first day of leave taken.
The term "covered service member" means:
a)
A member of the Armed Forces (including a member of the National Guard or Reserves)
who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list, for a serious injury or illness;
or
b)
A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious
injury or illness and who was a member of the Armed Forces (including a member of the
National Guard or Reserves) at any time during the period of five (5) years preceding the
date on which the veteran undergoes that medical treatment, recuperation or therapy.
"Qualifying Exigency" Leave/Call to Active Duty
An "eligible" employee is entitled to FMLA leave because of "a qualifying exigency" arising out
of circumstances where the spouse, son, daughter, or parent of the employee is serving in the regular
(Continued)
2003
6551
3 of 6
Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
Armed Forces who is deployed to a foreign country or either the National Guard or the Reserves and is
on active duty during a war or national emergency called for by the President of the United States or
Congress, or has been notified of an impending call to active duty status, in support of a contingency
operation.
A "qualifying exigency" related to families of the Army National Guard of the United States,
Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air
Force Reserve and Coast Guard Reserve personnel on (or called to) active duty to take FMLA
protected leave to manage their affairs is defined as any one of the following reasons:
a)
Short-notice deployment;
b)
Military events and related activities;
c)
Childcare and school activities;
d)
Financial and legal arrangements;
e)
Counseling;
f)
Rest and recuperation;
g)
Post-deployment activities; and
h)
Any additional activities where the employer and employee agree to the leave.
In any case in which the necessity for leave due to a qualifying exigency is foreseeable, the
employee shall provide such notice to the employer as is reasonable and practicable. This militaryrelated leave is for up to twelve (12) weeks during a single 12-month period. Leave may be taken
intermittently or on a reduced leave schedule.
Medical Treatment for Serious Health Conditions
The first visit to a health care provider for an employee claiming a "serious health condition"
under FMLA must occur within seven (7) days of the aforementioned incapacity with the second
required visit occurring within thirty (30) days of the incapacitating event.
If the employee claiming FMLA under the "serious health condition" rationale is sustaining
continuous treatment, their first visit to a health care provider must take place within seven (7) days of
the claimed incapacitating event.
(Continued)
2003
6551
4 of 6
Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
Chronic "serious health conditions" require periodic visits; the employee must see a health care
provider a minimum of two (2) times per year.
Implementation/Benefits/Medical Certification
At the Board of Education's or employee's option, certain types of paid leave may be substituted
for unpaid leave.
An employee on FMLA leave is also entitled to have health benefits maintained while on leave.
If an employee was paying all or part of the premium payments prior to leave, the employee will
continue to pay his/her share during the leave period.
In most instances, an employee has a right to return to the same position or an equivalent
position with equivalent pay, benefits and working conditions at the conclusion of the leave.
The Board of Education has a right to thirty (30) days advance notice from the employee where
practicable. In addition, the Board may require an employee to submit certification from a health care
provider to substantiate that the leave is due to the "serious health condition" of the employee or the
employee's immediate family member. Under no circumstance should the employee's direct supervisor
contact any health care provider regarding the employee's condition; all contact in this manner must be
made by a health care provider (employed by the employer), a human resource professional, a leave
administrator or a management official. If the medical certification requested by the employer is found
to be deficient, the employer must indicate where the errors are, in writing, and give the employee
seven (7) days to provide corrected materials to cure any deficiency prior to any action being taken.
Special Provisions for School District Employees
An instructional employee is an employee whose principal function is to teach and instruct
students in a class, a small group, or an individual setting (e.g., teachers, coaches, driving instructors,
special education assistants, etc.). Teaching assistants and aides who do not have instruction as the
principal function of their job are not considered an "instructional employee."
Intermittent Leave Taken By Instructional Employees
FMLA leave that is taken at the end of the school year and resumes at the beginning of the next
school year is not regarded as intermittent leave but rather continuous leave. The period in the interim
(i.e., summer vacation) is not counted against an employee and the employee must continue to receive
any benefits that are customarily given over the summer break.
Intermittent leave may be taken but must meet certain criteria. If the instructional employee
requesting intermittent leave will be on that leave for more than twenty percent (20%) of the number
(Continued)
2003
6551
5 of 6
Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
of working days during the period for which the leave would extend, the following criteria may be
required by the employer:
a)
Take leave for a period or periods of a particular duration, not greater than the duration of
the planned treatment; or
b)
Transfer temporarily to an available alternative position for which the employee is
qualified, which has equivalent pay and benefits and which better accommodates recurring
periods of leave than does the employee's regular position.
Appropriate notice for foreseeable FMLA leave still applies and all employees must be returned
to an equivalent position within the school district. Additional work-related certifications,
requirements and/or training may not be required of the employee as a contingent of their return to
work.
Leave Taken by Instructional Employees Near the End of the Instructional Year
There are also special requirements for instructional employees taking leave and the leave's
relation to the end of the term. If the instructional employee is taking leave more than five (5) weeks
prior to the end of the term, the District may require that the employee take the leave until the end of
the term if the leave lasts more than three (3) weeks and the employee was scheduled to return prior to
three (3) weeks before the end of the term.
If the instructional employee is taking leave less than five (5) weeks prior to the end of the term
for any of the following FMLA-related reasons except qualifying exigency, the District may require
that the employee remain out for the rest of the term if the leave lasts more than two (2) weeks and the
employee would return to work during that two (2) week period at the end of the instructional term.
If the instructional employee begins taking leave during the three (3) weeks prior to the end of
the term for any reason except qualifying exigency, the District may require that the employee
continue leave until the end of the term if the leave is scheduled to last more than five (5) working
days.
Any additional time that is required by the employer due to the timing of the end of the school
year, will not be charged against the employee as FMLA leave because it was the employer who
requested that the leave extend until the end of the term.
FMLA Notice
A notice which explains the FMLA's provisions and provides information concerning the
procedures for filing complaints of violations of the FMLA shall be posted in each school building and
(Continued)
2003
6551
6 of 6
Personnel
SUBJECT:
FAMILY AND MEDICAL LEAVE ACT (Cont'd.)
a notice of an employee's FMLA rights and responsibilities shall be either placed in the employee
handbook of the employer or furnished to each new employee upon hire. The employer has five (5)
days to supply such notice from the date of hire.
Administration is directed to develop regulations to implement this policy, informing employees
of their rights and responsibilities under the FMLA.
Family and Medical Leave Act of 1993 (as amended), Public Law 103-3
National Defense Authorization Act of 2008, Public Law 110-181
10 United States Code (USC) 101(a) (13)
29 Code of Federal Regulations (CFR) Part 825
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191
45 Code of Federal Regulations (CFR) Parts 160 and 164
NOTE:
Adopted:
Amended:
Refer also to Policy #6552 - Uniformed Services Employment and Reemployment Rights
Act USERRA)/Military Leaves of Absence
5/13/2003
6/26/2012
2008
6560
1 of 2
Personnel
SUBJECT:
DETERMINATION OF EMPLOYMENT STATUS: EMPLOYEE OR
INDEPENDENT CONTRACTOR
Regulations recently promulgated by the Office of the State Comptroller provide guidance to
school districts to help them determine whether an individual is an employee, and therefore eligible for
membership in the New York State and Local Retirement System (NYSLRS) and for service credit, or
an independent contractor who is not eligible for membership.
A certification of the determination that an individual is an employee will now be required when
the School District initially reports to the NYSLRS certain covered professionals -- those persons
providing services as an attorney, physician, engineer, architect, accountant or auditor.
Employee shall mean an individual performing services for the School District for which the
District has the right to control the means and methods of what work will be done and how the work
will be done. Independent contractor shall mean a consultant or other individual engaged to achieve a
certain result who is not subject to the direction of the employer as to the means and methods of
accomplishing the result.
Employees to be Reported to NYSLRS
Only persons who are active members of NYSLRS and who have been assigned a registration
number shall be included in the reporting requirements. In the case of employees who are in the
process of being registered to membership, all service, salary and deductions data and mandatory
contributions shall be accumulated by the District and such accumulation shall be included with the
first monthly report which is due after the employee's registration number has been assigned.
An individual serving the District as an independent contractor or consultant is not an employee
and should not be reported to the retirement system.
The District has the primary responsibility for determining whether an individual is rendering
services as an employee or as an independent contractor. When making such a determination the
District must consider the factors enumerated in State Regulations.
The District shall also complete, as necessary, a Certification Form for Individuals Engaged in
Certain Professions (Form RS2414) as promulgated by the Office of the New York State Comptroller.
As noted on the Certification Form instructions, when making a determination as to an individual's
status as an employee or independent contractor, no single factor should be considered to be
conclusive of the issue. All factors should be considered in making an assessment of an individual's
status when engaged to perform services.
(Continued)
2008
6560
2 of 2
Personnel
SUBJECT:
DETERMINATION OF EMPLOYMENT
INDEPENDENT CONTRACTOR (Cont'd.)
STATUS:
EMPLOYEE
OR
Written Explanation by District: Certain Professions
In the case of an individual whose service has been engaged by the School District in the
capacity of attorney, physician, engineer, architect, accountant or auditor and the District has
determined that the individual is rendering service as an employee and, therefore, may be eligible for
credit with a retirement system, the District shall submit to the retirement system, in a form prescribed
by the Comptroller and certified by the Chief Fiscal Officer of the District, an explanation of the
factors that led to the conclusion that the individual is an employee and not an independent contractor
or consultant.
Retirement and Social Security Law Sections 11, 34, 311, and 334
2 New York Code of Rules and Regulations (NYCRR) Sections 315.2 and 315.3
Adopted: 7/22/2008
2005
7000
Students
Auburn Enlarged City School District
NUMBER
ATTENDANCE
1.1.2 Released Time of Students ............................................................................ 7112
1.2 Age of Entrance .........................................................................................................7120
1.2.1
Screening of New School Entrants ................................................................ 7121
1.3 Entitlement to Attend -- Age and Residency ............................................................. 7130
1.3.1
Attendance Areas ........................................................................................... 7131
1.3.2
Non-Resident Students .................................................................................. 7132
1.3.3
Education of Homeless Children and Youth ................................................. 7133
1.4 Involuntary Transfer of Students ............................................................................... 7140
1.5 Educational Services for Married/Pregnant Students ................................................ 7150
1.6 School Census ............................................................................................................ 7160
2.1 Attendance Policy ......................................................................................................7210
STUDENT PROGRESS
2.1 Student Evaluation .....................................................................................................7211
2.1.2
Provision of Interpreter Services to Parents
Who Are Hearing Impaired ........................................................................... 7212
2.1.3
Response to Intervention (RTI) Process ........................................................ 7213
2.2 Graduation Requirements/Early Graduation/Accelerated Programs ......................... 7220
2.2.2
Credential Options for Students with Disabilities .........................................7222
2.2.3
Graduation Ceremony .................................................................................... 7223
2.2.4
Selection of Valedictorian and Salutatorian .................................................. 7224
2.3 Dual Credit for College Courses ................................................................................ 7230
2.4 Student Records: Access and Challenge ...................................................................7240
2.4.l
Release of Information to the Noncustodial Parent .......................................7241
2005
7000
Students
NUMBER
STUDENT PROGRESS (Cont’d.)
2.4.2
Student Directory Information .......................................................................7242
STUDENT CONDUCT
3.1 School Conduct and Discipline.................................................................................. 7310
3.1.1
Loss or Destruction of District Property or Resources ..................................7311
3.1.2
Student Dress Code ........................................................................................ 7312
3.1.3
Suspension of Students .................................................................................. 7313
3.1.4
Student Use of Computerized Information Resources ..................................7314
3.2 Alcohol, Tobacco, Drugs and Other Substances ....................................................... 7320
3.3 Searches and Interrogations ....................................................................................... 7330
3.4 Bus Rules and Regulations ........................................................................................ 7340
3.5 Corporal Punishment .................................................................................................7350
3.6 Weapons in School ....................................................................................................7360
3.6.1
Gun-Free Schools .......................................................................................... 7361
3.7 Hazing of Students ....................................................................................................7370
3.8 Bullying In The Schools ............................................................................................ 7380
STUDENT ACTIVITIES
4.1 Co-curricular Activities ............................................................................................ 7410
4.1.1 Censorship of School Sponsored Student Publications and Activities .......... 7411
4.1.2
Secret Societies, Fraternities and Sororities .................................................. 7412
4.1.4
Senior Class Student Funds ........................................................................... 7414
2005
7000
Students
STUDENT ACTIVITIES (Cont'd.)
NUMBER
4.2 Extra Curricular Athletics .......................................................................................... 7420
4.3 Contests for Students, Student Awards and Scholarships .........................................7430
4.3.1
Public Performance and Exhibitions.............................................................. 7431
4.4 Musical Instruments ...................................................................................................7440
4.5 Fund Raising by Students .......................................................................................... 7450
4.6 Supervision of Students ............................................................................................. 7460
STUDENT WELFARE
5.1 Student Health Services
5.1.1
Immunization of Students .............................................................................. 7511
5.1.2
Student Physicals ........................................................................................... 7512
5.1.3
Administration of Medication ........................................................................7513
5.1.4
Health Records ............................................................................................... 7514
5.1.5
Anaphylaxis ...................................................................................................7515
5.2 Accidents and Medical Emergencies .........................................................................7520
5.2.2
Concussion Management .............................................................................. 7522
5.3 Child Abuse and Neglect/Maltreatment ....................................................................7530
5.4 Suicide ....................................................................................................................... 7540
5.5 Complaints and Grievances by Students ...................................................................7550
5.5.1
Sexual Harassment of Students......................................................................7551
5.6 Notification of Sex Offenders .................................................................................... 7560
5.7 Parental Delegation of Authority to Caregiver of Minor Child .................................7570
5.8 Dignity for All Students Act ...................................................................................... 7580
STUDENTS WITH DISABILITIES
6.1 Special Education: District Plan ............................................................................... 7610
2005
7000
Students
NUMBER
STUDENTS WITH DISABILITIES (Cont'd.)
6.1.1
Children with Disabilities .............................................................................. 7611
6.1.2
Grouping by Similarity of Needs ...................................................................7612
6.1.3
The Role of the Board in Implementing a Student’s
Individualized Education Program ................................................................ 7613
6.1.4
Preschool Special Education Program ........................................................... 7614
6.1.5
Temporary Placement of Students with Disabilities......................................7615
6.1.6
Least Restrictive Environment.......................................................................7616
6.1.7
Prereferral Intervention Strategies in General Education
(Prior to a Referral for Special Education) .................................................... 7617
6.1.8
Declassification of Students with Disabilities ............................................... 7618
6.1.9
Use of Time Out Rooms ................................................................................ 7619
6.2 Students with Disabilities Participating in School District Programs ....................... 7620
6.2.1
Section 504 of the Rehabilitation Act of 1973 .............................................. 7621
6.3 Appointment and Training of CSE and CPSE Members
6.3.1
Appointment and Training of Committee on Special Education (CSE)/
Subcommittee on Special Education Members ............................................. 7631
6.3.2
Appointment and Training of Committee on Preschool
Special Education (CPSE) Members ............................................................. 7632
6.4 Student Individualized Education Program ............................................................... 7640
6.4.1
Transition Services ........................................................................................ 7641
6.4.2
Twelve Month Special Services and/or Programs .........................................7642
6.5 Identification and Register of Children with Disabilities .......................................... 7650
6.6 Parent Involvement for Children With Disabilities ................................................... 7660
6.7 Impartial Hearing/Selection of Impartial Hearing Officers .......................................7670
2005
7000
Students
NUMBER
STUDENTS WITH DISABILITIES (Cont’d.)
6.8 Independent Educational Evaluations ........................................................................7680
6.9 Special Education Mediation ..................................................................................... 7690
2003
7112
Students
SUBJECT:
RELEASED TIME OF STUDENTS
Written requests from the parent/guardian for the release of students generally will be honored.
The appropriate time and reason for absence shall be recorded on the attendance record, using the
procedures mandated by the state.
The building principal shall assume this responsibility or shall designate an individual to decide
whether to approve such requests.
8 New York Code of Rules and Regulations
(NYCRR) Section 109.2
Adopted: 10/14/03
2003
7120
Students
SUBJECT:
AGE OF ENTRANCE
Kindergarten
Students who are legal residents of the School District and who reside with parents or guardians
within the School District at the time of the opening day of school must be five (5) years of age or
more on December 1st in order to register for Kindergarten.
A child who transfers into the School District at any time during the school year may be
considered for admission to Kindergarten by the Superintendent provided:
a)
The parents were not legal residents of the School District on the opening day of school,
and
b)
The child has been registered and enrolled in the district in which his/her parents were legal
residents.
Other Grades
Admission of children to other grades shall involve a consideration of both chronological age
and the readiness of the children to do the work of those grades.
Proof of Age
A student's birth certificate or other satisfactory evidence of age shall be presented at the time of
initial registration. The child shall be entered under his/her legal name.
Education Law Sections 1712, 3202 and 3212
Adopted: 10/14/03
2003
7121
1 of 2
Students
SUBJECT:
SCREENING OF NEW SCHOOL ENTRANTS
The Board of Education shall provide for the screening of every new entrant to school to
determine which students may have disabilities, may be gifted, or may be of limited English
proficiency. Such diagnostic screening shall be conducted:
a)
By persons appropriately trained or qualified;
b)
In the student's native language if the language of the home is other than English;
c)
Prior to the school year, if possible, but no later than December 1st of the school year of
entry or within fifteen (15) days of transfer of a student into a New York State public
school should the entry take place after December 1st of the school year;
d)
Within 30 days of the availability of test scores for students who score below the state
reference point on New York State assessment tests.
Such screening shall include, but not be limited to the following:
a)
A physical examination by a physician or submission of a health certificate in accordance
with Sections 901, 903, and 904 of the Education Law, including proof of immunization as
required by Section 2164 of the Public Health Law;
b)
An assessment of motor development, of receptive and expressive language development,
articulation skills, and cognitive ability in the student's native language, if the language of
the home is not English.
If such screening indicates a possible disability, a referral shall be made to the Committee on
Special Education (CSE) no later than 15 calendar days after completion of such diagnostic screening.
If such screening indicates a possibly gifted child, the name and finding shall be reported to the
Superintendent of Schools and to the parents/guardians no later than 15 calendar days after completion
of such screening.
If such screening indicates a child identified as possibly being of limited English proficiency,
such child shall be provided appropriate transitional bilingual or free-standing ESL programs.
(Continued)
2003
7121
2 of 2
Students
SUBJECT:
SCREENING OF NEW SCHOOL ENTRANTS (Cont'd.)
Reporting to Parents
Parents/guardians of children to be screened shall receive information in advance regarding the
purpose of screening, the areas to be screened and the referral process The information shall be
communicated either orally or in writing in the parents' primary language(s). This information will be
provided during the registration interview.
Parents/guardians have the right to request information regarding their child's performance
during screening. They shall have access to the screening results and obtain copies upon request.
Confidentiality of Information
The Board of Education's policy and administrative regulations in accordance with the Family
Educational Rights and Privacy Act of 1974, Public Law 93-380, shall apply to all information
collected about a child through the screening program. In accordance with the policy and regulations,
parents shall be informed of their right to privacy, their right to access to the records and their right to
challenge those records should they be inaccurate, misleading or otherwise inappropriate.
Education Law Section 3208(5)
8 New York Code of Rules and Regulations
(NYCRR) Part 117 and 154
Adopted: 10/14/03
2009
7130
1 of 3
Students
SUBJECT:
ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY
Ages of Attendance/Compulsory Attendance Age
According to Education Law, a student who becomes six (6) years of age on or before the first of
December in any school year shall be required to attend full-time instruction from the first day that the
District schools are in session in September of such school year, and a student who becomes six (6)
years of age after the first of December in any school year shall be required to attend full-time
instruction from the first day of session in the following September. Except as otherwise provided in
Education Law Section 3205(3), a student shall be required to remain in attendance until the last day
of session in the school year in which the student becomes sixteen (16) years of age.
However, in accordance with Education Law Section 3205(3), the Board of Education in any
school district shall have the power to require minors from sixteen (16) to seventeen (17) years of age
who are not employed to attend full-time instruction until the end of the school year in which the
student turns seventeen (17) years of age.
All persons dwelling within the District who are between the ages of five (5) years and twentyone (21) years and who have not received a high school diploma shall be entitled to enroll in the
District.
Determination of Student Residency
The residence of children dwelling within the District boundaries shall be established in a
manner consistent with State Law and the Regulations of the Commissioner. The Board of Education
or its designee shall determine whether a child is entitled to attend a District school. Any adverse
residency decision by a school official, other than the Board or its designee, shall include written
notice to the parent/person in parental relation of the procedures for obtaining review of the decision
within the District.
Children Living With Noncustodial Parents
The residence of the custodial parent and/or the parent who has physical custody of the child
usually determines a child’s residence. However, a noncustodial parent who resides in the District may
enroll his/her child in a District school if he/she shares the day-to-day responsibilities for the child and
the custodial parent designates the child's residence with the noncustodial parent via formal
completion of affidavits by both parties that have been reviewed and approved by the Board of
Education or its designee.
(Continued)
2009
7130
2 of 3
Students
SUBJECT:
ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY (Cont'd.)
Homeless Children
The parent/person in parental relation to a homeless child; or the homeless child, together with
the homeless liaison designated by the School District in the case of an unaccompanied youth; or the
director of a residential program for runaway and homeless youth established pursuant to Executive
Law Article 19-H, in consultation with the homeless child, where such homeless child is living in such
program, may designate either the school district of current location, the school district of origin, or a
school district participating in a regional placement plan as the district the homeless child shall attend.
Children of Activated Reserve Military Personnel
Students temporarily residing outside the boundaries of the District, due to relocation
necessitated by the call to active military duty of the student's parent or person in parental relation,
will be allowed to attend the public school that they attended prior to the relocation. However, the
District is not required to provide transportation between a temporary residence located outside the
District and the school the child attends.
Emancipated Minors
A determination of whether a student is to be designated as an emancipated minor in the Auburn
Enlarged City School District will be based on evidence that the student is no longer under custody,
control and support of his/her parents/persons in parental relation, is above compulsory school age,
living apart from parent(s)/guardian(s), has no intention to return to the home, and is not receiving any
monetary support from the parent(s)/guardian(s). To establish emancipation, a minor may submit
documentation of his/her means of support, proof of residency and an explanation of the
circumstances surrounding the student's emancipation, including a description of the student's
relationship with his/her parents/persons in parental relation. The minor must also complete an
emancipation affidavit that will then be reviewed and subject to approval by the administration.
These affidavits are renewable each school year. If at any time the above information is changed
without prompt notification or proven to be false, the parent/person in parental relation and/or student
may be subject to legal action.
Children Living With Persons Not Their Parents -- Guardianship or Custody
In accordance with the Family Court Act and Domestic Relations Law, a person possessing a
lawful order of guardianship or custody of a minor child who is not the parent of such child may enroll
the child in public school in the school district where he/she and the child reside.
Therefore, upon application for enrollment by the guardian or custodian, the District shall enroll
such a child for such time as the child resides with the guardian or custodian in the District upon
verification that the guardian or custodian possess a lawful order of guardianship or custody for the
child and that the guardian or custodian and the child properly reside in the same household within the
District.
(Continued)
2009
7130
3 of 3
Students
SUBJECT:
ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY (Cont'd.)
McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the No Child Left
Behind Act of 2001
Domestic Relations Law Section 74
Education Law Sections 2045, 3202, 3205, 3209 and 3212(4)
Family Court Act Section 657
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(x) and (y)
NOTE:
Adopted:
Amended:
Refer also to Policy #7133 -- Education of Homeless Children and Youth
6/06/2004
7/14/2009
2004
7131
1 of 2
Students
SUBJECT:
ATTENDANCE AREAS
According to Education Law, a student who becomes six years of age on or before the first
December in any school year shall be required to attend full-time instruction from the first day that the
District schools are in session in September of such school year, and a student who becomes six years
of age after the first of December in any school year shall be required to attend full-time instruction
from the first day of session in the following September. Except as otherwise provided in Education
Laws Section 3205(3), a student shall be required to remain in attendance until the last day of session
in the school year in which the student becomes sixteen years of age. In all city school districts, union
free and central school district having a population of more than 4,500 inhabitants and employing a
Superintendent of Schools, the Board of Education may choose to require students who are not
employed to attend full-time instruction until the end of the school year in which the student turns
seventeen (17) years of age. The residence of children dwelling within the District boundaries shall be
established in a manner consistent with State Law and the Regulations of the commissioner.
All persons dwelling within the District who are between the ages of five (5) and twenty-one
(21) years and who have not received a high school diploma shall be entitled to enroll in the District.
In cases where a student's parents are residents of the School District, the student's parents are
divorced and the student's time is essentially divided between the two separate households of the
student's parents, and the student's parents both assume the day to day responsibility for the student,
the student shall be able to attend the elementary school located within the respective elementary
attendance area in which either of his/her parents resident, and shall be able to attend the middle
school located within the respective middle school area in which either his/her parents resides.
Review of Attendance Zones
The Board of Education will review all attendance zones not less than once every five (5) years
beginning with the 2007-08 school year. That review will include comparability of enrollment,
capacity, programs, resources, transportation, and other factors that may emerge in distributing
enrollments among schools.
(continued)
2004
7131
2 of 2
Students
SUBJECT:
ATTENDANCE AREAS
Determination of Student Residency
The Board of Education or its designee shall determine whether a child is entitled to attend a
District school. Any adverse residency decision by a school official other than the Board or its
designee shall include written notice to the parent/legal guardian of the procedures for obtaining
review of the decision within the District.
The Board of Education directs the Superintendent to develop regulations to implement this
policy.
Revised:
01/11/93; 02/08/93; 11/29/93; 01/12/99; 09/25/01
Re-adopted: 04/06/2004
Amended: 3/27/2007
2004
7132
Students
SUBJECT:
NON-RESIDENT STUDENTS
Non-residents of the District may be admitted into the school or schools of the district upon the
consent of the Superintendent or Designee. Annual tuition rates shall be determined by the Board of
Education.
Non-resident students applying for admission shall pay in accordance with procedures developed
by the Superintendent. Tuition charges, if any, will be in compliance with Section 3202 of the
Education Law.
Non-resident children will be placed within the District's schools in keeping with these criteria:
a)
Children will be placed in the school closest their legal residence; and
b)
The receiving school must have a class size low enough to accommodate the additional
student and program which meets the student's educational needs.
The Commissioner of Education has determined that it is permissible for a Board of Education to
waive tuition for a non-resident student in his/her senior year of high school if said student has
attended the high school previously as a District resident and attendance at the same high school is
necessary in order to ensure the successful completion of required course work for graduation.
Therefore, the Board of Education of the Auburn Enlarged City School District shall waive the
non-resident tuition fee to students in like circumstances.
Education Law Sections 2045 and 3202
Revised: 12/15/98; 09/25/01
Re-adopted: 04/06/04
2009
7133
1 of 5
Students
SUBJECT:
EDUCATION OF HOMELESS CHILDREN AND YOUTH
The parent/person in parental relation to a homeless child; or the homeless child, together with
the homeless liaison designated by the School District in the case of an unaccompanied youth; or the
director of a residential program for runaway and homeless youth established pursuant to Executive
Law Article 19-H, in consultation with the homeless child, where such homeless child is living in such
program, may designate either the school district of current location, the school district of origin, or a
school district participating in a regional placement plan as the district the homeless child shall attend.
Pursuant to Commissioner's Regulations, a "homeless child" means a child or youth who lacks a
fixed, regular, and adequate nighttime residence, including a child who is:
a)
Sharing the housing of other persons due to a loss of housing, economic hardship or a
similar reason;
b)
Living in motels, hotels, trailer parks or camping grounds due to the lack of alternative
adequate accommodations;
c)
Abandoned in hospitals;
d)
Awaiting foster care placement; or
e)
A migratory child who qualifies as homeless in accordance with Commissioner's
Regulations. As defined in the No Child Left Behind Act of 2001, the term "migratory
child" includes a child who is, or whose parent or spouse is, a migratory agricultural
worker, including a migratory dairy worker, or a migratory fisher, and who has moved
from one school district to another in the preceding 36 months, in order to obtain, or
accompanies such parent or spouse in order to obtain, temporary or seasonal employment
in agricultural or fishing work.
f)
A child or youth who has a primary nighttime location that is:
1.
A supervised, publicly or privately operated shelter designed to provide temporary
living accommodations including, but not limited to, shelters operated or approved by
the state or local department of social services, and residential programs for runaway
and homeless youth established pursuant to Executive Law Article 19-H; or
2.
A public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings; including a child or youth who is living in a car,
park, public space, abandoned building, substandard housing, bus or train station or
similar setting.
(Continued)
2009
7133
2 of 5
Students
SUBJECT:
g)
EDUCATION OF HOMELESS CHILDREN AND YOUTH (Cont'd.)
Considered an "unaccompanied youth":
1.
An unaccompanied youth is a homeless child (for whom no parent or person in
parental relation is available) or youth not in the physical custody of a parent or legal
guardian.
2.
An unaccompanied youth shall not include a child or youth who is residing with
someone other than a parent or legal guardian for the sole reason of taking advantage
of the schools of the district.
The term "homeless child" shall not include a child in foster care or receiving educational
services pursuant to Education Law Sections 3202(4), (5), (6), (6a) or (7) or pursuant to Articles 81,
85, 87 or 88. For example, a child in a family home at board, a school for the mentally retarded, a
hospital or other institution for the care, custody and treatment of children; youths under the direction
of the Division for Youth incarcerated in county correctional facilities or youth shelters; or children
residing in child care institutions or schools for the deaf or blind would not be considered "homeless."
Enrollment, Retention and Participation in the Educational Program
Enrollment of homeless children shall not be delayed and their ability to continue or participate
in the educational program shall not be restricted due to issues such as:
a)
Transportation;
b)
Immunization requirements;
c)
Residency requirements;
d)
Birth certificates, medical records, individualized education programs (IEPs), school
records and other documentation;
e)
Guardianship issues;
f)
Comprehensive assessment and advocacy referral processes;
g)
Resolution of disputes regarding school selection;
h)
Proof of social security numbers;
i)
Attendance requirements;
(Continued)
2009
7133
3 of 5
Students
SUBJECT:
EDUCATION OF HOMELESS CHILDREN AND YOUTH (Cont'd.)
j)
Sports participation rules;
k)
Inability to pay fees associated with extracurricular activities such as club dues and sports
uniforms; or
l)
Other enrollment issues.
Educational Programs and Services
The School District shall provide homeless children and youth with access to all of its programs,
activities and services to the same extent that they are provided to resident students.
Homeless children and youth shall be educated as part of the school's regular academic program.
Services must be provided to homeless children and youth through programs and mechanisms that
integrate homeless children and youth with their non-homeless counterparts, including programs for
special education, vocational and technical education, gifted and talented students, before and after
school, English language learners/limited English proficiency, Head Start, Even Start, and school
nutrition. Services provided with McKinney-Vento funds must expand upon or improve services
provided as part of the regular school program. Consequently, the School District shall ensure that
homeless children and youth are not segregated in a separate school, or in a separate program within
the school, based on their status as homeless; and to the extent feasible consistent with the
requirements of Commissioner's Regulations, keep a homeless child or youth in the school of origin
except when doing so is contrary to the wishes of the child's or youth's parent or guardian. Further, the
School District shall review and revise policies and practices, including transportation guidelines, that
may act as barriers to the enrollment, attendance, school success, and retention of homeless children
and youth in the School District.
All homeless children and youth are automatically eligible for Title I Part A services whether or
not they meet the academic standards or live in a Title I school attendance area. Homeless students
may receive Title I educational or support services from schoolwide and targeted-assistance school
programs.
Transportation
If the local social service district or the Office of Children and Family Services is not required to
provide transportation, the designated district is responsible for the provision and the cost of the
student's transportation. Where a homeless student designates the school district of current location as
the district the student will attend, then that district shall provide transportation to the student on the
same basis as a resident student. Where the homeless student designates the school district of origin or
a school district participating in a regional placement plan, then that district must provide
transportation to and from the homeless child's temporary housing and school.
(Continued)
2009
7133
4 of 5
Students
SUBJECT:
EDUCATION OF HOMELESS CHILDREN AND YOUTH (Cont'd.)
Transportation responsibilities apply to all school districts regardless of whether or not they
receive McKinney-Vento funds. Transportation must be provided during the pendency of enrollment
disputes. If the designated district provides transportation for non-homeless preschool children, it must
also provide comparable transportation services for homeless preschool children.
School District Liaison for Homeless Children and Youth
The School District shall designate an appropriate staff person, who may also be a coordinator
for other federal programs, as the local educational agency liaison for homeless children and youth to
carry out the duties as enumerated in law, Commissioner's Regulations and applicable guidance issued
by the U.S. and New York State Education Departments. The District will inform school personnel,
local service providers and advocates of the office and duties of the local homeless liaison.
Training
The District will train all school enrollment staff, secretaries, school counselors, school social
workers, and Principals on the legal requirements for enrollment. School nutrition staff, school
registered professional nurses, teachers, and bus drivers will receive training on homelessness that is
specific to their field.
Outreach
The District will make every effort to inform the parents or guardians of homeless children and
youth of the education, transportation and related opportunities available to their children including
transportation to the school of origin. The parent(s)/guardian(s) will be assisted in accessing
transportation to the school they select, and will be provided with meaningful opportunities to
participate in the education of their children. Public notice of educational rights of homeless children
and youth will be disseminated by the District in places where families and youth are likely to be
present (e.g., schools, shelters, soup kitchens), and in comprehensible formats (e.g., geared for low
literacy or other community needs).
Dispute Resolution
The District shall establish procedures for the prompt resolution of disputes regarding school
selection or enrollment of a homeless child or youth and provide a written explanation, including a
statement regarding the right to appeal to the parent or guardian if the School District sends the student
to a school other than the school of origin or the school requested by the parent or guardian. These
disputes shall include, but are not limited to, disputes regarding transportation and/or a child's or
youth's status as a homeless child or unaccompanied youth.
(Continued)
2009
7133
5 of 5
Students
SUBJECT:
EDUCATION OF HOMELESS CHILDREN AND YOUTH (Cont'd.)
If there is a factual dispute over whether a student is homeless, the District will immediately
enroll the student and then provide the parent/guardian the opportunity to submit verification of
homelessness. The student will remain enrolled until a final determination is made by the District and
for a minimum of thirty (30) days after the final determination to allow the parent/guardian
opportunity to appeal to the Commissioner of Education. If the student files an appeal that contains a
request for a stay within thirty (30) days of such final determination, the District must continue to
enroll the student until the Commissioner rules on the stay request.
Record and Reporting Requirements
If the District, as the school district of origin, receives a request to forward student records to a
receiving district, the records must be forwarded within five (5) days.
The School District shall maintain documentation regarding all aspects of the District's contact
with and services provided to homeless students and youth for possible on-site monitoring by the State
Education Department.
The District shall collect and transmit to the Commissioner of Education, at such time and in the
manner as the Commissioner may require, a report containing such information as the Commissioner
determines is necessary to assess the educational needs of homeless children and youths within the
state.
McKinney-Vento Homeless Education Assistance Act, as reauthorized by the No Child Left Behind Act
of 2001, 42 United States Code (USC) Section 11431 et seq.
Education Law Sections 902(b) and 3209
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(x)
BOE Approved: 1/27/2009
2003
7140
Students
SUBJECT:
INVOLUNTARY TRANSFER OF STUDENTS
Involuntary transfer of a student from regular classroom instruction to an appropriate educational
setting in another school shall be in accordance with Education Law.
Education Law Sections 1709(3) and 3214(5)
Adopted : 09/09/2003
2004
7150
Students
SUBJECT:
EDUCATIONAL SERVICES FOR MARRIED/PREGNANT STUDENTS
Married Students
The Board of Education will comply with state law in reference to married students attending
school.
Pregnant Students
According to New York State Education Law, a student who becomes six years of age on or
before the first of December in any school year shall be required to attend full-time instruction from
the first day that the District schools are in session in September of such school year, and a student
who becomes six years of age after the first of December in any school year shall be required to attend
full-time instruction from the first day of session in the following September. Except as otherwise
provided in Education Law Section 3205(3), a student shall be required to remain in attendance until
the last day of session in the school year in which the student becomes sixteen years of age. The
Education Law further provides that resident students over five (5) and under twenty-one (21) who
have not received a high school diploma are entitled to attend school in the district in which they
reside. The law further requires that a school district provide for this instruction and also to provide
for home instruction for those students of legal age who are unable to profit from instruction in school.
In view of the above, administrative regulations will be developed to implement the terms of this
policy to provide instruction as required by the New York State Education Law for students who
become pregnant. The Superintendent, or his/her designee, is directed to consult with the school
physician and the student's personal physician in determining the form of instruction.
The form of instruction may be any of the following or a combination of the following:
a)
Remain in school with provisions for special instruction, scheduling, and counseling where
needed.
b)
Receive home instruction.
c)
Attend BOCES programs.
Education Law Sections 1604(20), 3202-1,
3205-1, 4401-1, and 4402-2
Adopted: 04/06/04
2003
7160
Students
SUBJECT:
SCHOOL CENSUS
The Board of Education shall constitute a permanent census board in each city. The Board shall,
under its regulations, cause a census of the children in its city to be taken and to be amended from day
to day, as changes of residence shall occur among children within the prescribed census age ranges
and as other children come within such prescribed age ranges. The census will also account for other
children within the prescribed age ranges as they become residents of the city, so that there shall
always be on file with the Board of Education a complete census giving the facts and information
required pursuant to law.
The census must indicate the names of all children between birth and 18 years of age, and of
children with disabilities between birth and 21 years of age; their respective residences by street and
number; the day of the month and the year of their birth; the names of the persons in parental relation
to them; such information relating to physical or mental disabilities, to illiteracy, to employment and
to the enforcement of the law relating to child labor and compulsory education as the State Education
Department and the Board of Education shall require; and also such further information as the Board
shall require.
On written request and in such form as prescribed by the Commissioner of Education, the Board
shall provide to the Commissioner a report containing the names, ages and addresses of those children
who are blind or deaf, and those children having serious physical or mental disabilities. Additionally,
such report shall further indicate whether such children are being educated within the public schools of
the District or, if they are not, where such education is being furnished to them.
Persons in parental relation to those children within the prescribed census age ranges are to make
such reports as the Board of Education shall require, including, but not limited to, the name of the
child; the child's residence; the name of the person or persons in parental relation to the child; the
name and location of the school where the child will enroll; and such other information as required by
law or as the Board may require. This information must be provided two weeks before the child
reaches compulsory school age in order to ensure timely and appropriate placement.
A parent, guardian or other person having under his/her control or charge a child between birth
and 18 years of age who withholds or refuses to give information in his/her possession relating to such
census data as required by law pertaining to the child; or, in the alternative, gives false information in
relation to such census data, shall be liable to and punished by a fine or imprisonment as established
by law.
Census data shall be reported as required by law.
Education Law Sections 3240-3243 and 4402(1)(a)
8 New York Code of Rules and Regulations
(NYCRR) Section 200.2(a)
NOTE: Refer also to Policy #7650 -- Identification and Register of Children With Disabilities
Adopted: 10/14/03
2006
7210
1 of 5
Students
SUBJECT:
ATTENDANCE POLICY
Education Law in the State of New York requires all children between the ages of 6 and 16 to be in
attendance whenever school is in session.
Philosophy and Objectives
The Auburn Enlarged City School District's philosophy of attendance is based on the principle that
students who are in school every day perform at a higher academic level. The goal of the Auburn
Enlarged City School District’s attendance policy is to enable parents/guardians, school staff, and
community to work together to encourage daily attendance and punctuality to maximize student
achievement, potential, and safety.
All students are expected to strive for 100% daily attendance.
The Objectives of the Attendance Policy are as follows:
1. To verify that individual students are complying with compulsory education laws concerning
school attendance.
2. To track students' whereabouts during school hours for safety and school management reasons.
3. To identify and address attendance patterns.
4. To use attendance data to aid in developing interventions to help close the gap in student
performance.
5. To accurately determine the district's average daily attendance for State Aid purposes.
Strategies to Meet Objectives
The School District will:
g) Track and maintain the attendance, absence, tardiness and early departure of every student.
h) Develop early intervention strategies to improve school attendance.
i) Develop incentives for daily attendance at the building level.
j) Inform and educate district staff and families about the Attendance Policy through the faculty
orientation, student handbook, the district website, the newsletter, appropriate meeting venues,
and plan periodic updates as needed.
k) Review the district's attendance records and attendance policy on an annual basis, prior to the
start of the new school year, and report recommendations to the School Board.
6. Carry out Disciplinary Interventions prior to attendance falling below an acceptable level.
(Continued)
2006
7210
2 of 5
Students
SUBJECT:
ATTENDANCE POLICY (con’t)
Definitions and Coding
An absence is recorded for each occasion that a student is not present for a scheduled class. Not
included are cases such as a school assembly, music lesson, or other building administrator-approved
absence. Students serving in-school suspension are not to be counted absent for the purpose of this
policy.
The only excused absences or reasons for tardiness are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Illness of student
Illness or death in family
Severe weather conditions
Religious observance
Required court appearance
Health care visit to clinic or physician
Approved college visit
Military obligation
Building-administrator approved absences
Unexcused absences
All reasons other than the ones noted above are considered unexcused and must be so noted on the
student's attendance record.
Tardiness
A student is tardy if he/she is late for school or for class.
Early dismissal
An early dismissal occurs when a student is excused from school with parental permission before the
end of the regular school day.
(Continued)
2006
7210
3 of 5
Students
SUBJECT:
ATTENDANCE POLICY ( con’t)
Coding System
The following symbols are used for the recording of school and classroom attendance:
a) School Attendance
1. Unexcused = U
2. Excused = A
3. Tardy = T
4. Unexcused Tardy = V
5. Early Dismissal = D
b) Classroom Attendance
1. Present = P (Present for at least 2/3 of class period)
2. Tardy = T
3. Absent = U
Attendance and Course Credit
A student’s grade is based on classroom participation as well as performance on homework, tests,
papers, projects (written and oral), group work, and similar exercises. Students’ performance will be
fully communicated to parents/guardians. Students are expected to attend all scheduled classes.
a) To receive credit for a course in grades 9-12, a student must have a passing final average and
take a final exam, where required.
b) Students must attend a minimum of 85% of the scheduled class/program times. For full year
classes, a student may be denied course credit if the absences number twenty-eight (28) or
more days.
c) For classes meeting for one-half year, or every other day for a full year, a student may be
denied course credit if the absences number fourteen (14) or more days.
d) Students engaged in an alternative education programs follow the district attendance policy.
(Continued)
2006
7210
4 of 5
Students
SUBJECT:
ATTENDANCE POLICY (con’t)
d) The following communication to parents/guardians will occur for school absences at all levels
and for classroom absences at the secondary level:
1 – First notification – 7 days absent
2 – Second notification – 14 days absent
3 – Third notification – 21 days absent
4 – Fourth notification – 28 days absent
Intervention Strategy Process
Schools within the district will create incentives to encourage high attendance, and develop a positive
school building culture with strong adult role models, and value placed on respectful and nurturing
interactions between adults and students. Each school will foster a climate that will encourage
increased attendance.
a)
When there is an identified pattern of unexcused absences, tardiness, or early departures, the
following actions will occur:
b)
A meeting of the principal, counselor, teacher, parent/guardian, and others as deemed necessary,
will occur.
c)
The principal, or his/her designee, is responsible for administering appropriate sanctions for
excessive absences, tardiness, or early dismissals.
d) Any parent/guardian wishing to appeal denial of course credit should contact the building
principal.
Disciplinary Consequences
Unexcused absences, tardiness or early departures will result in disciplinary action consistent with the
student's attendance record. Parent conferences or principal hearings, in-school suspension/detention,
denied participation in school activities, loss of parking and other student privileges, loss of course
credit, and possible legal actions as appropriate may result.
In order to participate in after-school activities a student must be present in school for at least one half
of that school day and attend all classes during that time. Students who provide an excused absence,
as listed in Definitions, will be allowed to participate.
(Continued)
2006
7210
5 of 5
Students
SUBJECT:
ATTENDANCE POLICY (con’t)
Teacher Responsibilities
a)
b)
The records of the teacher for the class will be the official attendance record.
Students will be given the opportunity to make up classroom absences. Such opportunity will be
determined by the teacher on an individual basis. It is expected that teachers will provide
opportunities for class make-ups. All class make-ups will be decided by the teacher who may
consult with the principal in appropriate circumstances. Students must arrange to make up a
missed class within one (1) week of the absence. Failure to do so may make it impossible for the
student to get attendance credit for the missed class.
Parent/Guardian Communication
Parent/teacher communication is a high priority.
a)
For safety reasons, parents/guardians should call the school when they know their children will be
absent, using the designated phone number and voice mail. Voice mail access is available 24
hours a day.
b) A written, verbal (face-to-face), phone call, e-mail, or text message excuse from a parent/guardian
should be received on the date of the child's return to school; must be received no later than five
days of return to school. If no excuse is provided as required, the absence(s) will be coded as
unexcused on the school record.
c) Parents/guardians are required to provide the school with current addresses, telephone numbers,
and emergency contacts at the beginning of each year.
If this information changes,
parents/guardians should contact the school immediately.
BOE Adopted:
First Reading
BOE Adopted:
Amended:
Amended:
3/07/2006
8/12/2008
8/26/2008
4/22/2009
8/25/2009
2004
7211
1 of 2
Students
SUBJECT:
STUDENT EVALUATION
Placement
Placement within the system, with respect to building, teacher, and grade or special class, shall
be at the discretion of the school administration and shall be subject to review and change at any time.
In making such decisions, the administrator will be guided by performance in class, past records,
parent/guardian and teacher recommendations, standardized test scores, and any other appropriate
sources of information, but the final decision shall rest with the school administration.
Promotion and Retention
The procedures to be followed by the staff regarding promotion and retention will be developed
by the Superintendent and will be continually evaluated in the light of School District policy.
Building principals may establish written standards for promotion or retention within the school units
to which the students are assigned, subject to the guidelines of the Superintendent and the approval of
the Board of Education.
Testing Program
The Board of Education endorses and supports the use of ability, achievement, diagnostic,
readiness, interest and guidance tests as part of the total educational process to the degree to which
tests help the District to serve its students.
Alternative Testing Procedures
The use of alternative testing procedures shall be limited to:
a)
Students identified by the Committee on Special Education and/or Section 504 Team as
having a disability. Alternative testing procedures shall be specified in a student's
Individualized Education Program or Section 504 Accommodation Plan; and
b)
Students whose native language is other than English, except as mandated pursuant to law
and/or regulation.
The alternative testing procedures employed shall be based upon a student's individual needs and
the type of test administered.
The District shall report the use of alternative testing procedures to the State Education
Department on a form and at a time prescribed by the Commissioner.
(Continued)
2004
7211
2 of 2
Students
SUBJECT:
STUDENT EVALUATION (Cont'd.)
Reporting to Parents/Legal Guardians
Parents/guardians shall receive an appropriate report of student progress at regular intervals.
Report cards shall be used as a standard vehicle for the periodic reporting of student progress and
appropriate school related data. Report cards, however, are not intended to exclude other means of
reporting progress, such as conferences, phone conversations, etc.
When necessary, attempts will be made to provide interpreters for non-English speaking
parents/guardians.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(g)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
Adopted: 04/06/04
2004
7212
Students
SUBJECT:
PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE
HEARING IMPAIRED
The Board of Education assures parents or persons in parental relationship who are hearing
impaired the right to meaningful access to school initiated meetings or activities pertaining to the
academic and/or disciplinary aspects of their children's education. School initiated meetings or
activities are defined to include, but are not limited to, parent-teacher conferences, child study or
building-level team meetings, planning meetings with school counselors regarding educational
progress and career planning, suspension hearings or any conferences with school officials relating to
disciplinary actions. The term "hearing impaired" shall include any hearing impairment, whether
permanent or fluctuating, which prevents meaningful participation in School District meetings or
activities.
Parents or persons in parental relationship shall be notified of the availability of interpreter
services to be provided at no charge, provided that a written request is made to the School District
within fourteen (14) days of the scheduled event. Exceptions to the time frame request may be made
for unanticipated circumstances as determined by the principal/designee. The District shall also notify
appropriate school personnel as to the terms and implementation of this policy.
If interpreter services are requested, the District shall appoint an interpreter for the hearing
impaired to interpret during the meeting or activity. The District will arrange for interpreters through
a District-created list or through an interpreter referral service. The District shall also develop
interagency agreements, as appropriate, to ensure that sign language interpreters are provided for
eligible parents or persons in parental relationship when District students attend out-of-District schools
or programs.
In the event that an interpreter is unavailable, the School District shall make other reasonable
accommodations which are satisfactory to the parents or persons in parental relationship. Examples of
what constitutes reasonable accommodations in the event an interpreter cannot be located may include,
but are not limited to, the use of:
a)
Written communications, transcripts, note takers, etc; and
b)
Technology, such as: a decoder or telecommunication device for the deaf, assistive
listening devices, and closed or open captioning.
Education Law Section 3230
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(aa)
Adopted: 04/06/04
2008
7213
1 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS
Response to Intervention (RtI) is a multi-tiered early prevention and intervention system
designed to improve outcomes for all students. In accordance with Commissioner's Regulations, the
School District has established administrative practices and procedures for implementing District-wide
initiatives that address a Response to Intervention (RtI) process applicable to all students. For students
suspected of having a potential learning disability, the District will provide appropriate RtI services
pursuant to Commissioner's Regulations prior to a referral to the Committee on Special Education
(CSE) for evaluation.
The New York State Education Department (SED) has released a guidance document to assist
school districts in designing and implementing an effective RtI process. This document includes, but is
not limited to, information regarding regulatory requirements, quality indicators, staff development,
tools to assist districts in selecting a specific model and procedures for the use of RtI data in
determining if a student has a learning disability. This guidance document is available at:
http://www.p12.nysed.gov/specialed/RTI/guidance/cover.htm.
Minimum Requirements of District's RtI Program
The District's RtI process shall include the following minimum requirements:
a)
Scientific, research-based instruction in reading and mathematics provided to all students in
the general education class by qualified personnel. Instruction in reading, per
Commissioner's Regulations, shall mean scientific, research-based reading programs that
include explicit and systematic instruction in phonemic awareness, phonics, vocabulary
development, reading fluency (including oral reading skills) and reading comprehension
strategies;
a)
Screenings shall be provided to all students in the class to identify those students who are
not making academic progress at expected rates;
Grade
K
1
2
3
4
5-6
c)
Screening Tools (Including but not limited to those listed below)
DIBELS, alpha-letter sound, rhyming task, blending task, segmenting task,
handwriting task, writing prompt, K word list, spelling inventory, running record
DIBELS, blending task, segmenting task, spelling inventory, Gr.1 word list, writing
prompt, handwriting task, running record
DIBELS, Gr.2 word list, spelling inventory, running record, writing prompt
DIBELS, Gr.3 word list, spelling inventory, running record, writing prompt
DIBELS, Gr.4 word list, spelling inventory, running record, writing prompt
DIBELS, Gr.5 and 6 word lists, spelling inventory, running record (5th), reading
assessments (6th), writing prompts
Scientific, research-based instruction matched to student need with increasingly intensive
levels of targeted interventions for those students who do not make satisfactory progress in
their levels of performance and/or in their rate of learning to meet age or grade level
standards;
(continued)
2008
7213
2 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS (Cont'd.)
d)
Repeated assessments of student achievement that should include curriculum based
measures to determine if interventions are resulting in student progress toward age or grade
level standards;
e)
The application of information about the student's response to intervention to make
educational decisions about changes in goals [i.e., goals for all students, not just
Individualized Education Program (IEP) goals], instruction and/or services and the decision
to make a referral for special education programs and/or services; and Child Study/RtI
Teams for reviewing such student information and applying same to make decisions
concerning student academic progress and further intervention strategies.
f)
Written notification to the parents when the student requires an intervention beyond that
provided to all students in the general education classroom that provides information about:
1.
The amount and nature of student performance data that will be collected and the
general education services that will be provided as enumerated in Commissioner's
Regulations;
2.
Strategies for increasing the student's rate of learning; and
3.
The parents' right to request an evaluation for special education programs and/or
services.
Structure of Response to Intervention Program
The District's RtI program will consist of multiple tiers of instruction/assessments to address
increasingly intensive levels of targeted intervention to promote early identification of student
performance needs and/or rate of learning, and to help raise achievement levels for all students.
Child Study/RtI teams, whose members may include, but are not limited to, regular education
teachers, special education personnel, the school psychologist, the school social worker, reading and
math AIS teachers, designated administrators, and other individuals deemed appropriate by the
District, will be available for each building/grade level classification to address the implementation of
the District's RtI process.
(Continued)
2008
7213
3 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS (Cont'd.)
The Child Study/RtI Team responsibilities shall include, but are not limited to, the following:
a)
Determining the level and suggesting specific interventions based on student performance
criteria appropriate for each tier of the RtI model;
b)
Analyzing information/assessments concerning a student's response to intervention and
making educational decisions about changes in goals, instruction and/or services;
c)
Developing a follow-up plan to monitor student’s progress
d)
Determining whether to make a referral for special education programs and/or services.
Criteria for Determining the Levels of Intervention to be provided to Students
Students will be referred to the next tier of instruction if they fail to respond to the initial instruction
/intervention. Quantitative data used will be the designations of STRATEGIC or INTENSIVE on the
DIBELS and lack of adequate progress on fall and winter administrations of universal screening tools.
Qualitative data will be teacher referrals.
Levels of Interventions
The District will provide multiple tiers of increasingly intensive levels of targeted intervention
and instruction for those students who do not make satisfactory progress in their levels of performance
and/or in their rate of learning to meet age or grade level standards.
It is expected that use of the tiered levels of instruction will be specific to each student's needs
and will be an ongoing process, with students entering and exiting tiers of intervention according to
the analysis of student performance data and progress monitoring.
Tier I
Tier I instruction is provided to all students in the general education setting. The use of scientific,
research based instruction in the area of reading will be delivered by general education teachers and
will emphasize proactive, preventative core instructional strategies in the classroom setting. Group
and/or individualized instruction, assessment and reinforcement activities will be provided as deemed
appropriate by the classroom teacher.
(Continued)
2008
7213
4 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS (Cont'd.)
The analysis of Tier I student performance data will be used to identify those students who need
additional intervention at the Tier II Level of instruction.
Tier II
In general, Tier II instruction will consist of small group, targeted interventions for those
students identified as being "at risk" who fail to make adequate progress in the general education
classroom. Tier II instruction will include programs and intervention strategies designed to supplement
Tier I interventions provided to all students in the general education setting.
Tier II instruction may be provided by the classroom teacher or specialized staff such as reading
and math teachers, tutors, speech therapists, school psychologists and/or school counselors as
determined by the classroom and AIS teachers or the Child Study/RtI Team.
At the conclusion of Tier II instruction, the Child Study/RtI Team will review the student's
progress and make a determination as to whether Tier II interventions should be maintained; the
student continue with TIER I classroom instruction if satisfactory progress is shown; or referred for
Tier III instruction.
Tier III
Tier III instruction is the provision of more intensive instructional interventions, tailored to the
needs of the individual student; and is provided to those students who do not achieve adequate
progress after receiving interventions at the Tier II level. Tier III instruction may include longer
periods of intervention program and services than those provided in the first two tiers based upon the
significant needs of the student.
Tier III instruction will be provided by those specialists, as determined by the Child Study/RtI
Team, best qualified to address the individual student's targeted area(s) of need. If deemed appropriate
by the team, and in accordance with applicable law and regulation, a referral of the student may be
made to the Committee on Special Education.
Progress monitoring on a continuous basis is an integral part of Tier III; and the student's
response to the intervention process will determine the need/level of further intervention services
and/or educational placement.
Amount and Nature of Student Performance Data to be Collected
The Child Study/RtI Team will determine the amount and nature of student performance data
that will be collected to assess, on an ongoing basis, student performance and address ongoing
academic needs as warranted. Such data collection will reflect the tier level of intervention provided
(Continued)
2008
7213
5 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS (Cont'd.)
to the student. Student performance data will also be used to review the District's RtI program and
make modifications to the program as deemed necessary.
Manner and Frequency for Progress Monitoring
The Child Study/RtI Team shall monitor the progress of those students receiving intervention
services beyond that provided to all students in the general education classroom. The Team shall meet
with the student's teacher(s) and will determine if further adjustments need to be made to the student's
current instructional program and/or a change made to the Tier Level of intervention provided.
Monitoring of student progress shall be an ongoing part of the RtI program from the initial screening
to completion of the RtI process as applicable. Parents may also request that the Child Study/RtI Team
review the progress of their child.
Fidelity measures will also be completed by teachers to assess whether the intervention was
implemented as intended and uniformly applied. Clear benchmarks will be established for student
performance and performance charts will be plotted at the completion of the instructional
period/intervention process.
Staff Development
All staff members involved in the development, provision and/or assessment of the District's RTI
program, including both general education and special education instructional personnel, shall receive
appropriate training necessary to implement the District's RtI program. Staff development will include
the criteria for determining the levels of intervention provided to students, the types of interventions,
collection of student performance data, and the manner and frequency for monitoring progress.
Parent Notification
Written notification shall be provided to parents when their child requires an intervention beyond
that provided to all students in the general education classroom. Such written notice shall include the
following information:
a)
The amount and nature of student performance data that will be collected and the general
education services that will be provided as part of the RtI process;
b)
Strategies for increasing the child's rate of learning; and
c)
The parents' right to request an evaluation for special education programs and/or services.
(Continued)
2008
7213
6 of 6
Students
SUBJECT:
RESPONSE TO INTERVENTION (RtI) PROCESS (Cont'd.)
34 Code of Federal Regulations (CFR) Sections 300.309 and 300.311
Education Law Sections 3208, 4002, 4401, 4401-a, 4402, 4402, and 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(ii), 200.2(b)(7), 200.4(a), 200.4(j)(3)(i),
and 200.4(j)(5)(i)(g)
Adopted:
Amended:
2/26/2008
6/14/2011
2003
7220
1 of 2
Students
SUBJECT:
GRADUATION REQUIREMENTS/EARLY GRADUATION/ACCELERATED
PROGRAMS
In order to graduate from the Auburn Enlarged City School District, a student must complete or
may exceed the requirements set forth in Part 100 of the Commissioner's Regulations. The Board of
Education reserves the right to establish requirements for graduation which exceed the minimum
standards as defined by the New York State Regents. All students must be in compliance with
Commissioner's Regulations for graduation in achieving a minimum of a Regents diploma unless
otherwise indicated.
Regents Diploma with Honors
The District may award a Regents diploma with honors to students who receive an average of
ninety percent (90%) on all Regents examinations required for the honors diploma. These exams
include mathematics, science, US History and Government, Global History and Geography and
languages other than English (LOTE). This "honors" diploma may also be given to a student who has
substituted no more than two (2) alternative assessments for a Regents examination as approved by
Commissioner's Regulations Section 100.2(f). However, the student's actual score on the substituted
alternative assessment will not be factored into the ninety percent (90%) calculation.
Regents Diplomas with Advanced Designation with Honors
The District may award a Regents diploma with advanced designation with honors. A student
needs to have an average score of ninety percent (90%) on all Regents examinations required for the
advanced diploma. These Regents examinations are: ELA, two (or three) mathematics, two sciences
(one in physical science/the other in life science), US History and Government, Global History and
Geography and languages other than English (LOTE).
Appeal of Regents Examination Score Option
School Districts must provide unlimited opportunities for all students (students with and without
disabilities) to retake required Regents examinations to improve their scores so that the student may
graduate with a Regents diploma. A student with or without a disability who fails, after at least two (2)
attempts, to attain a score of 65 or above on a required Regents examination for graduation must be
given an opportunity to appeal such score in accordance with the provisions of Section 100.5(d)(7)(i)
of the Regulations of the Commissioner of Education. No student may appeal his/her score on more
than two (2) of the five (5) required Regents examinations. A student whose appeal is accepted for one
(1) required Regents examination, and who has attained a passing score of 65 or above on each of the
four (4) remaining required Regents examinations, and who has attained a passing score of 65 or
above on each of the three (3) remaining required Regents examinations, earns a local diploma.
(Continued)
2003
7220
2 of 2
Students
SUBJECT:
GRADUATION REQUIREMENTS/EARLY GRADUATION/ACCELERATED
PROGRAMS (Cont'd.)
Early Graduation
Upon request from the student's parent/guardian, a student shall be eligible for early graduation
in fewer than eight (8) semesters upon completion of all requirements for graduation, excluding
physical education, as mandated by Commissioner's Regulations. A student shall not be required to
continue enrollment for the sole purpose of completing physical education requirements.
Accelerated Programs
Eighth Grade Acceleration for Diploma Credits
Individual eighth grade students only may be afforded the opportunity to take high school
courses in mathematics and in at least one of the following areas: English, social studies, languages
other than English, art, music, career and technical education subjects, or science courses. The
Superintendent or his/her designee is responsible for determining that an eighth grade student is
eligible to take high school courses. The District shall utilize a set of criteria to determine each
student's readiness for acceleration. Students who are accelerated for diploma credit must have been
provided instruction designed to facilitate their attainment of, by the end of Grade 7, the State
intermediate learning standards in each subject area in which they are accelerated.
Advanced Placement
Advanced Placement (AP) examinations are administered by the College Board with strict
guidelines as to their implementation. A national, standardized, arduous examination is administered
by the College Board in May of each year for a great variety of courses in various subject areas. In
addition to entering a universe of knowledge that might otherwise remain unexplored in high school,
Advance Placement examinations afford students the opportunity to earn credit or advanced standing
in most of the nation's colleges and universities. The District shall utilize a set of criteria to determine
a student's readiness for enrollment in the Advanced Placement classes as well as other college credit
bearing classes..
Online Coursework
Section 100.5(d) of NYCRR amends the Commissioner's Regulations to allow school districts
and BOCES to offer students the ability to complete general education and diploma requirements for a
specific subject through online instruction or blended coursework that combines online and classroombased instruction.
To receive credit students shall successfully complete an online or blended course and
demonstrate mastery of the learning outcomes for the subject by passing the Regents exam and/or
other assessment in the subject area.
8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(i), 100.2(f), 100.4(d) and 100.5
NOTE:
Refer also to Policy #7222 -- Credential Options for Students with Disabilities
Adopted: 9/09/2003
Amended: 5/08/2012
2004
7222
1 of 2
Students
SUBJECT:
CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES
The Board of Education is committed to ensuring that students with disabilities are provided
appropriate opportunities to earn a high school diploma in accordance with the provisions of
Commissioner's Regulations Section 100.5. However, when necessary, the District may award high
school individualized education program (IEP) diplomas to students with disabilities.
High School Diplomas
Students pursuing either a Regents or a local high school diploma must acquire a certain number
of units of credit in specified courses and also meet subject sequence requirements. It is critical that
students with disabilities be provided access to the required courses and testing programs needed for
graduation with these awards.
Regents Diploma Requirements
To earn a high school Regents diploma, all students need to take and pass five (5) specific
Regents examinations with a score of 65 or higher and earn twenty-two (22) units of credit. The
required Regents Examinations are English, Mathematics, Science, Global History and Geography,
and U.S. History and Government.
High School Individualized Program (IEP) Diplomas
Students who receive an individualized education program (IEP) shall continue to be eligible to
attend school until the student has earned a high school diploma or until the end of the school year of
such student's twenty-first (21st) birthday, whichever is earlier. If a student turns 21 between July 1
and the first day of school, they are entitled to attend summer school.
The Superintendent shall report to the State Education Department, the earned credentials for
special education students that school year.
Local Diploma Safety Net Options for Students with Disabilities
Students with Disabilities Entering Grade 9 Prior to September 2011
Student with disabilities who first enter grade 9 prior to September 2011 may earn credit toward
a Local Diploma by:
a)
Achieving a score of 55-64 on any or all Regents Examinations required for graduation
(English, Mathematics, Science, Global History and Geography, and/or U.S. History and
Government); or
(Continued)
2004
7222
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Students
SUBJECT:
b)
CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES
Passing the corresponding Regents Competency Test (RCT) of a failed required Regents
Examination.
The school may administer the RCT before or after the Regents Examination, but in all cases the
student MUST take the required Regents Examination in order to earn the Local Diploma.
The RCT Examinations shall remain available until the student graduates or reaches the age of
twenty-one (21). This provision of law applies only to students with disabilities who are entitled to
attend school pursuant to Education Law Section 3202 or 4402(5).
Students with Disabilities Entering Grade 9 After September 2011
The option to take the Regents Competency Test (RCT) will not be available for any students
entering grade 9 beginning in September 2011 and thereafter. The student's grade level is based on the
grade in which the student was enrolled during the school year (September to June) prior to September
2011. While the RCT safety net ends with the class of students that entered grade 9 during the 20102011 school year, the local diploma option remains available to all students with disabilities provided
they earn a score of 55-64 on one (1) or more required Regents examinations.
Information regarding graduation requirements, including the local diploma option and the
appeals process, may be found at: http://www.p12.nysed.gov/part100/pages/1005.html
Education Law Sections 3202 and 4402(5)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5(a-f) and 100.9
NOTE:
Refer also to Policy #7220 -- Graduation Requirements/Early Graduation/Accelerated Programs
Adopted: 4/6/2004
Amended: 5/8/2012
2003
7223
Students
SUBJECT:
GRADUATION CEREMONY
The Board of Education of the Enlarged City School District of Auburn shall hold an annual
graduation exercise in June at the conclusion of the school year.
The President of the Board, the Superintendent of Schools and the High School Principal are
expected to take part in the ceremonies along with the President of the Senior Class, the valedictorian
and salutatorian. Diplomas shall be distributed to graduates by the High School Principal and the
Board President.
The Board of Education shall certify the recommended list of students recommended by the
High School Principal and the Superintendent of Schools.
Adopted: 09/09/03
2007
7224
Students
SUBJECT:
SELECTION OF VALEDICTORIAN AND SALUTATORIAN
Criteria listed below will be used to determine the valedictorian and salutatorian of the senior high
school (s) of the Auburn Enlarged City School District.
1) An eligible student must attend the Auburn Enlarged City School District for a minimum of
three (3) full academic years, prior to graduation, from grades 9 through 12.
2) Student must be enrolled as a full-time student at the time of graduation.
3) Calculation of valedictorian and salutatorian status is determined by any Carnegie credit earned
in the eighth grade and through the August preceding the start of a student’s senior year. If
such final candidates are enrolled in Advanced Placement and/or approved college-level
courses, the additional points granted for such courses will be included in the calculation of the
class rank provided the student(s) remains enrolled in such class or classes for the entire school
year. (Course credits earned in other high schools, in summer schools other than those
conducted by the Auburn Enlarged City School District, and post high school college credits
must be pre-approved by the building principal, in determining the final selection of a
valedictorian and salutatorian).
4) Eligibility will not be restricted in any way by virtue of the type of courses undertaken by the
students.
5) The valedictorian and salutatorian will be afforded the opportunity to speak at commencement.
This does not eliminate other students as determined by the school administration from
speaking at commencement, i.e., senior class president, president of student association, etc.
6) Students eligible for graduation at the end of their junior year can qualify under the above
criteria. In addition to being eligible as valedictorian and salutatorian, the student graduating at
the end of his/her junior year will be permitted to participate in all other senior activities, i.e.,
prom, inclusion in the yearbook, social functions, etc. It is important to note that the student
who opts for graduation at the end of the junior year must fulfill all other requirements of the
Board of Education policy dealing with early graduation including the determination of the
student’s status in the year preceding the junior year.
Adopted: 2/27/2007
2003
7230
Students
SUBJECT:
DUAL CREDIT FOR COLLEGE COURSES
All students who have successfully fulfilled the requirements to enter into their sophomore,
junior or senior year and have demonstrated intellectual and social maturity may choose to matriculate
at any one of the colleges that have a cooperative agreement with our School District. Such
opportunities may include early admission to college, collegiate-level work offered in the high school,
or other means of providing advanced work. Review and approval by the administration are necessary
before any college courses may be taken during the school day.
The Board shall not be required to pay tuition and other related costs for those high school
students enrolled in college courses. Students who wish to enroll in college level coursework shall
meet all academic, grade level and coursework requirements as set forth by administrative rules and
regulations.
Adopted: 09/09/03
2003
7240
Students
SUBJECT:
STUDENT RECORDS: ACCESS AND CHALLENGE
Student Records
The Auburn Enlarged City School District shall comply with the provisions of the "Family
Educational Rights and Privacy Act of 1974." Under its provisions, "parents/guardians and
noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student
under eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an
institution of post-secondary education, have a right to inspect and review any and all official records,
files, and data, including all material that is incorporated into each student's cumulative record folder
and intended for school use or to be available to parties outside the school or School System and
specifically including, but not necessarily limited to, identifying data; academic work completed; level
of achievement (grades, standardized achievement test scores); attendance data; scores on standardized
intelligence, aptitude, and psychological tests; interest inventory results; health data; family
background information; teacher or counselor ratings and observations; and verified reports of serious
or recurrent behavior patterns."
Access to Student Records
The Board directs that administrative regulations and procedures be formulated to comply with
the provisions of federal law relating to the availability of student records. The purpose of such
regulations and procedures shall be to make available to the parents/guardians of students and
noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students
who are eighteen (18) years of age or older or who are attending an institution of post-secondary
education, student records, and files on students, and to insure the confidentiality of such records with
respect to third parties.
Challenge to Student Records
Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18)
years of age or older or who is attending an institution of post-secondary education, shall have an
opportunity for a hearing to challenge the content of the school records, to insure that the records are
not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to
provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise
inappropriate data contained therein.
Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) Section 1232(g)
34 Code of Federal Regulations (CFR) Section 300.571
Adopted: 9/9/03
2003
7241
Students
SUBJECT:
RELEASE OF INFORMATION TO THE NONCUSTODIAL PARENT
The District may presume that the noncustodial parent has the authority to request information
concerning his/her child and release such information upon request. If the custodial parent wishes to
limit the noncustodial parent's access to the records, it would be his/her responsibility to obtain and
present to the school a legally binding instrument that prevents the release of said information.
20 United States Code (USC) 1232(g)(b)(4)(A)
34 Code of Federal Regulations (CFR) Part 99
Adopted: 09/09/03
2009
7242
1 of 1
Students
STUDENT DIRECTORY INFORMATION
The District shall publish an annual public notice informing parents or eligible students (i.e., a
student eighteen (18) years of age or older or who is attending an institution of post-secondary
education) of the District's definition of directory information, the parent/eligible student's right to
refuse the release of student directory information and indication of the time period for their response.
(Directory information is information contained in an education record of a student that would not
generally be considered harmful or an invasion of privacy if disclosed.) Following such public notice
and a reasonable response period, the District may release such information to an outside group
without individual consent.
The Family Educational Rights and Privacy Act (FERPA) defines student directory information
as any of the following: name; address; telephone listing; date and place of birth; major field of study;
grade level; participation in officially recognized activities and sports; weight and height (if members
of athletic teams); dates of attendance; honors, degrees and awards received; electronic mail address;
photograph; and the name of the educational agency or institution most recently previously attended
by the student. The Auburn Enlarged City School District will release only the following defined
directory information: name; major field of study; grade level; participation in officially recognized
activities and sports; weight and height (if members of athletic teams); honors; degrees and awards
received; and photograph unless notified by the parent(s)/guardian(s) that they do not want the
information released.
Directory information does not include:
a)
A student's social security number; or
b)
A student's identification (ID) number, except as provided below.
Directory information includes a student ID number, user ID, or other unique personal identifier
used by the student for purposes of accessing or communicating in electronic systems, but only if the
identifier cannot be used to gain access to education records except when used in conjunction with one
or more factors that authenticate the user's identity, such as a personal identification number (PIN),
password, or other factor known or possessed only by the authorized user.
The release of student directory information is not to be confused with the release of names,
addresses and telephone listings of eligible students (i.e., a student seventeen (17) years of age or older
or in the eleventh grade (or its equivalent) or higher) to Military Recruiters. In compliance with the
Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind
Act of 2001 (NCLB), and the National Defense Authorization Act, the School District shall notify
parents that by law it routinely releases this information to Military Recruiters upon request subject to
a parents'/eligible students' request not to disclose such information with written parental verification
of such request.
Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g)
34 Code of Federal Regulations (CFR) Part 99
Adopted:
Amended:
9/09/2003
7/14/2009
2003
7310
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Students
SUBJECT:
SCHOOL CONDUCT AND DISCIPLINE
The Board of Education acknowledges its responsibility to protect the educational climate of the
District and to promote responsible student behavior. Accordingly, the Board delegates to the
Superintendent the responsibility for assuring the implementation of a Code of Conduct for the
Maintenance of Order on School Property, including school functions, which shall govern the conduct
of students as well as teachers, other school personnel, and visitors. The Board shall further provide
for the enforcement of such Code of Conduct. The District Code of Conduct shall be developed in
collaboration with student, teacher, administrator, and parent organizations, school safety personnel
and other personnel and shall incorporate, at a minimum, those components addressed in law and
enumerated in Policy #3410 -- Code of Conduct on School Property. Specific components may vary
as appropriate to student age, building levels, and educational needs.
In accordance with the Code of Conduct on School Property, areas addressing student conduct
and behavior will further utilize the following strategies in promoting acceptable student behavior:
a)
A bill of rights and responsibilities of students that focuses upon positive student behavior,
and is publicized and explained to all students on an annual basis;
b)
A Code of Conduct for student behavior setting forth prohibited student conduct and the
range of penalties that may be imposed for violation of such Code, that is publicized and
disseminated to all students and parents/guardians on an annual basis pursuant to law;
c)
Strategies and procedures for the maintenance and enforcement of public order on school
property that shall govern the conduct of all persons on school premises, in accordance
with Section 2801 of the Education Law and accepted principles of due process of law;
d)
Procedures within each building to involve student service personnel, administrators,
teachers, parents/guardians and students in the early identification and resolution of
discipline problems. For students identified as having disabilities, procedures are included
for determining when a student's conduct shall constitute a reason for referral to the
Committee on Special Education for review and modification, if appropriate, of the
student's individualized education program;
e)
Alternative educational programs appropriate to individual student needs;
f)
Disciplinary measures for violation of the school policies developed in accordance with
subparagraphs b) and c) of this paragraph. Such measures shall be appropriate to the
seriousness of the offense and, where applicable, to the previous disciplinary record of the
student. Any suspension from attendance upon instruction may be imposed only in
accordance with Section 3214 of the Education Law; and
(Continued)
2003
7310
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Students
SUBJECT:
g)
SCHOOL CONDUCT AND DISCIPLINE (Cont'd.)
Guidelines and programs for in-service education for all District staff to ensure effective
implementation of school policy on school conduct and discipline.
Education Law Sections 2801 and 3214
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(2)
NOTE:
Refer also to Policy #3410 -- Code of Conduct on School Property
Adopted: 09/09/03
2003
7311
Students
SUBJECT:
LOSS OR DESTRUCTION OF DISTRICT PROPERTY OR RESOURCES
The District is authorized to seek restitution, through civil action when necessary, from the
parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen
(18) where such student:
a)
Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal
property in the care, custody and/or ownership of the District; or
b)
Has knowingly entered or remained in a District building, and wrongfully taken, obtained
or withheld personal property owned or maintained by the District.
In instances where the District has sought and obtained a judgment from a court of competent
jurisdiction, parent/guardian liability for civil damages shall not exceed $5,000. Under certain
circumstances, prior to the entering of a judgment in the sum total of $500 or more, a court may
consider the parent's or guardian's financial inability to pay any portion or all of the amount of
damages which are in excess of $500, and enter a judgment in an amount within the financial capacity
of the parent or guardian. However, no such judgment shall be entered for an amount which is less
than $500.
False Reporting of an Incident and/or Placing a False Bomb
A School District is also authorized to seek restitution, as described in law, from a parent or
guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18)
where such student:
a)
Has falsely reported an incident; or
b)
Has placed a false bomb as defined in the New York State Penal Law.
Damages for falsely reporting an incident or placing a false bomb shall mean the funds
reasonably expended by the School District in responding to such false report of an incident or false
bomb, less the amount of any funds which have been or will be recovered from any other source as
enumerated in law.
In seeking restitution, the School District shall file with the court, district attorney and defense
counsel an affidavit stating that the funds reasonably expended for which restitution is being sought
have not been and will not be recovered from any other source or in any other civil or criminal
proceeding, except as provided for pursuant to General Obligations Law Section 3-112.
General Obligations Law Section 3-112
Penal Law Section 60.27
Adopted: 10/14/03
2003
7312
Students
SUBJECT:
STUDENT DRESS CODE
The responsibility for the dress and appearance of students shall rest with individual students and
parents, and must also still meet reasonable or defined standards of health, safety, and welfare of
District students, visitors, or employees. Student dress and appearance must be in accordance with the
District Code of Conduct. The administration is authorized to take action in instances where individual
dress does not meet these stated requirements.
While the school administration may require students participating in physical education classes
to wear certain types of clothing (eg. sneakers, socks, shorts, tee shirts), administrators or faculty may
not prescribe a specific brand which students must wear. For special events or ceremonies such as
inductions, dances, graduation, or concerts, the administration may recommend or require appropriate
attire to match the occasion.
Students may attend school and its related functions without restraint or discrimination as long as
their attire and appearance meet the requirements described above.
Adopted: 10/14/03
Amended: 11/28/2006
2004
7313
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Students
SUBJECT:
SUSPENSION OF STUDENTS
The Superintendent and/or the Principal may suspend the following students from required
attendance upon instruction:
a)
A student who is insubordinate or disorderly; or
b)
A student who is violent or disruptive; or
c)
A student whose conduct otherwise endangers the safety, morals, health or welfare of
others.
When a student has been suspended and is of compulsory attendance age, immediate steps shall
be taken to provide alternative instruction which is of an equivalent nature to that provided in the
student's regularly scheduled classes.
Suspension: Five Days or Less
The Superintendent and/or the Principal of the school where the student attends shall have the
power to suspend a student for a period not to exceed five (5) school days. In the absence of the
Principal, the designated "Acting Principal" may then suspend a student for a period of five (5) school
days or less.
When the Superintendent or the Principal (the "suspending authority") proposes to suspend a
student for five (5) school days or less, the suspending authority shall provide the student with notice
of the charged misconduct. If the student denies the misconduct, the suspending authority shall
provide an explanation of the basis for the suspension.
When suspension of a student for a period of five (5) school days or less is proposed,
administration shall also immediately notify the parent/person in parental relation in writing that the
student may be suspended from school.
Written notice shall be provided by personal delivery, express mail delivery, or equivalent means
reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to
propose suspension at the last known address or addresses of the parents/persons in parental relation.
Where possible, notification shall also be provided by telephone if the school has been provided with a
telephone number(s) for the purpose of contacting parents/persons in parental relation.
The notice shall provide a description of the incident(s) for which suspension is proposed and
shall inform the student and the parent/person in parental relation of their right to request an
immediate informal conference with the Principal in accordance with the provisions of Education Law
Section 3214(3)(b). Both the notice and the informal conference shall be in the dominant language or
(Continued)
2004
7313
2 of 5
Students
SUBJECT:
SUSPENSION OF STUDENTS (Cont'd.)
mode of communication used by the parents/persons in parental relation. At the informal conference,
the student and/or parent/person in parental relation shall be authorized to present the student's version
of the event and to ask questions of the complaining witnesses.
The notice and opportunity for informal conference shall take place prior to suspension of the
student unless the student's presence in the school poses a continuing danger to persons or property or
an ongoing threat of disruption to the academic process, in which case the notice and opportunity for
an informal conference shall take place as soon after the suspension as is reasonably practical.
Teachers shall immediately report or refer a violent student to the Principal or Superintendent for
a violation of the District's Code of Conduct and a minimum suspension period.
Suspension: More Than Five School Days
In situations where the Superintendent determines that a suspension in excess of five (5) school
days may be warranted, the student and parent/person in parental relation, upon reasonable notice,
shall have had an opportunity for a fair hearing. At the hearing, the student shall have the right of
representation by counsel, with the right to question witnesses against him/her, and the right to present
witnesses and other evidence on his/her behalf.
Where the basis for the suspension is, in whole or in part, the possession on school grounds or
school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01, the
hearing officer or Superintendent shall not be barred from considering the admissibility of such
weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal
or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
Minimum Periods of Suspension
Pursuant to law, Commissioner's Regulations and the District's Code of Conduct, minimum
periods of suspension shall be provided for the following prohibited conduct, subject to the
requirements of federal and state law and regulations:
a)
Consistent with the federal Gun-Free Schools Act, any student who is determined to have
brought a weapon to school or possessed a weapon on school premises shall be suspended
for a period of not less than one (1) calendar year. However, the Superintendent has the
authority to modify this suspension requirement on a case-by-case basis.
(Continued)
2004
7313
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Students
SUBJECT:
SUSPENSION OF STUDENTS (Cont'd.)
b)
A minimum suspension period for students who repeatedly are substantially disruptive of
the educational process or substantially interfere with the teacher's authority over the
classroom, provided that the suspending authority may reduce such period on a case-bycase basis to be consistent with any other state and federal law. The definition of
"repeatedly is substantially disruptive of the educational process or substantially interferes
with the teacher's authority" shall be determined in accordance with the Regulations of the
Commissioner.
c)
A minimum suspension period for acts that would qualify the student to be defined as a
violent student pursuant to Education Law Section 3214(2-a)(a), provided that the
suspending authority may reduce such period on a case-by-case basis to be consistent with
any other state and federal law.
*Suspension of Students with Disabilities
Generally, should a student with a disability infringe upon the established rules of the schools,
disciplinary action shall be in accordance with procedures set forth in the District's Code of Conduct
and in conjunction with applicable law and the determination of the Committee on Special Education
(CSE).
If suspension or removal from the current educational placement constitutes a disciplinary
change in placement because it is for more than ten (10) consecutive school days or constitutes a
pattern because the suspensions or removals cumulate to more than ten school days in a school year,
the Committee on Special Education shall conduct a review of the relationship between the child's
disability and the behavior subject to the disciplinary action. If it is determined, as a result of this
review, that the student's behavior is a manifestation of his/her disability, the student may not be
removed from the current placement unless in accordance with law. The student shall be referred to
the CSE for program modification. If it is determined that the student's behavior is not a manifestation
of his/her disability, the relevant disciplinary procedures applicable to students without disabilities
may be applied to the student in the same manner in which they would be applied to students without
disabilities, subject to the right of the parent/person in parental relation to request a hearing objecting
to the manifestation determination and the District's obligation to provide a free, appropriate public
education to such student.
Additionally, the District may seek an order from a hearing officer for a change in placement of
a student with a disability to an appropriate interim alternative educational setting (IAES) for up to
forty-five (45) school days if the District establishes, in accordance with law, that such student is
substantially likely to injure himself/herself or others.
There are three specific instances when a student with a disability may be placed in an IAES
for up to 45 school days without regard to a manifestation determination:
(Continued)
2004
7313
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Students
SUBJECT:
SUSPENSION OF STUDENTS (Cont'd.)
a)
Where the student carries or possesses a weapon to or at school, on school premises, or to
or at a school function; or
b)
Where a student knowingly possesses or uses illegal drugs or sells or solicits the sale of a
controlled substance while at school, on school premises, or a school function; or
c)
Where a student has inflicted serious bodily injury upon another person while at school, on
school premises, or at a school function. Serious bodily harm has been defined in law to
refer to one of the following:
1.
Substantial risk of death;
2.
Extreme physical pain; or
3.
Obvious disfigurement or protracted loss or impairment of the function of a bodily
member, organ or faculty.
School personnel may consider any unique circumstances on a case-by-case basis when
determining whether to order a change in placement for a student with a disability who violates a code
of student conduct.
In all cases, the student placed in an IAES will continue to receive all educational services
necessary to make progress on his/her IEP. The period of suspension or removal may not exceed the
amount of time a non-disabled student would be suspended for the same behavior.
Suspension From BOCES
The BOCES Principal may suspend School District students from BOCES classes for a period
not to exceed five (5) school days when student behavior warrants such action.
In-School Suspension
In-school suspension will be used as a lesser discipline to avoid an out-of-school suspension.
The student shall be considered present for attendance purposes. The program is used to keep each
student current with his/her class work while attempting to reinforce acceptable behavior, attitudes and
personal interaction.
BOCES Activities
BOCES activities, such as field trips and other activities outside the building itself, are
considered an extension of the school program. Therefore, an infraction handled at BOCES is to be
considered as an act within the School District itself.
(Continued)
2004
7313
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Students
SUBJECT:
SUSPENSION OF STUDENTS (Cont'd.)
A student who is ineligible to attend a District school on a given day may also be ineligible to
attend BOCES classes. The decision rests with the Superintendent or his/her designee.
Exhaustion of Administrative Remedies
If a parent/person in parental relation wishes to appeal the decision of the Building Principal
and/or Superintendent to suspend a student from school, regardless of the length of the student's
suspension, the parent/person in parental relation must appeal to the Board of Education prior to
commencing an appeal to the Commissioner of Education.
Individuals with Disabilities Education Improvement
Act of 2004 [Public Law 108-446 Section 615(k)(l)]
18 United States Code (USC) Section 921
Individuals with Disabilities Education Act (IDEA)
20 United States Code (USC) Sections 1400 et seq.
20 United States Code (USC) Section 7151, as
reauthorized by the No Child Left Behind Act of
2001
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 2801 and 3214
Penal Law Section 265.01
8 New York Code of Rules and Regulations (NYCRR)
Section 100.2(l)(2) and Part 201
Adopted: 04/06/04
Amended: 6/28/2005
2003
7314
1 of 2
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
The Board of Education will provide access to various computerized information resources
through the District's computer system ("DCS" hereafter) consisting of software, hardware, computer
networks and electronic communications systems. This may include access to electronic mail, socalled "on-line services" and the "Internet." It may include the opportunity for some students to have
independent access to the DCS from their home or other remote locations. All use of the DCS,
including independent use off school premises, shall be subject to this policy and accompanying
regulations. Further, all such use must be in support of education and/or research and consistent with
the goals and purposes of the School District.
One purpose of this policy is to provide notice to students and parents/guardians that, unlike
most traditional instructional or library media materials, the DCS will allow student access to external
computer networks not controlled by the School District where it is impossible for the District to
screen or review all of the available materials. Some of the available materials may be deemed
unsuitable by parents/guardians for student use or access. This policy is intended to establish general
guidelines for acceptable student use. However, despite the existence of such District policy and
accompanying guidelines and regulations, it will not be possible to completely prevent access to
computerized information that is inappropriate for students. Furthermore, students may have the
ability to access such information from their home or other locations off school premises.
Parents/guardians of students must be willing to set and convey standards for appropriate and
acceptable use to their children when using the DCS or any other electronic media or communications.
The District respects the right of each family to decide whether or not to apply for independent
computer access.
Generally, the same standards of acceptable student conduct which apply to any school activity
shall apply to use of the DCS. This policy does not attempt to articulate all required and/or acceptable
uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative
regulations will further define general guidelines of appropriate student conduct and use as well as
proscribed behavior.
District students shall also adhere to the laws, policies and rules governing computers including,
but not limited to, copyright laws, rights of software publishers, license agreements, and student rights
of privacy created by federal and state law.
Students who engage in unacceptable use may lose access to the DCS in accordance with
applicable due process procedures, and may be subject to further discipline under the District's school
conduct and discipline policy and the Student Discipline Code of Conduct. The District reserves the
right to pursue legal action against a student who willfully, maliciously, or unlawfully damages or
destroys property of the District. Further, the District may bring suit in civil court against the
parents/guardians of any student who willfully, maliciously or unlawfully damages or destroys District
property pursuant to General Obligations Law Section 3-112.
(Continued)
2003
7314
2 of 2
Students
SUBJECT:
STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES
(Cont'd.)
Student data files and other electronic storage areas will be treated like school lockers. This
means that such areas shall be considered to be School District property subject to control and
inspection. The computer coordinator may access all such files and communications to insure system
integrity and that users are complying with the requirements of this policy and accompanying
regulations. Students should NOT expect that information stored on the DCS will be private.
Regulations will be established as necessary to implement the terms of this policy.
NOTE:
Refer also to Policy #8271 – Internet Content Filtering
Adopted: 9/9/03
2003
7320
1 of 3
Students
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS)
The Board of Education recognizes that the misuse of drugs, alcohol and/or tobacco is a serious
problem with legal, physical, emotional and social implications for both individuals and the entire
community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic
beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use
of such drugs is prohibited at any school-sponsored event or on school property at all times. The
inappropriate use of prescription and over-the-counter drugs shall also be disallowed. Persons shall be
banned from entering school grounds or school-sponsored events when exhibiting behavioral, personal
or physical characteristics indicative of having used or consumed alcohol or other substances.
Through the collaborative efforts of staff, students, parents/guardians and the community as a
whole, a comprehensive program shall be developed addressing alcohol, tobacco, drugs, and other
substances to include the following elements:
Primary Prevention
Preventing or delaying alcohol, tobacco, drugs, and other substance use/abuse by students shall
be the major focus of a comprehensive K through 12 program in which proactive measures of
prevention and early intervention are emphasized. This program shall include:
a)
A sequential K through 12 curriculum based on recognized principles of effectiveness that
is developed and incorporated into the total educational process. This curriculum shall be
concerned with education and prevention in all areas of alcohol, tobacco, drugs, and other
substances use/abuse;
b)
Training school personnel and parents/guardians to reinforce the components of the policy
through in-service and community education programs with up-to-date factual information
and materials.
c)
An effort to provide positive alternatives to alcohol, tobacco, drugs, and other substances
use/abuse through the promotion of drug/tobacco/alcohol-free special events, service
projects and extracurricular activities that will develop and support a positive peer
influence.
Intervention
School-based intervention services shall be made available to all students, grades K through 12,
and provided by prevention professionals who are appropriately trained in this area. The purpose of
intervention is to eliminate any existing use/abuse of alcohol, tobacco, drugs, and other substances and
to identify students considered to be at risk for use/abuse. Intervention programming shall include:
(Continued)
2003
7320
2 of 3
Students
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS)
(Cont'd.)
a)
Counseling of students in groups and as individuals on alcohol, tobacco, drugs, and other
substance use/abuse. Counselors shall be appropriately trained and skilled school staff
assigned for this purpose.
b)
Referring students to community or other outside agencies when their use/abuse of alcohol,
tobacco, drugs, and other substances requires additional counseling or treatment. Referral
is a key link in school and community efforts and the process is basic to the dissemination
of information regarding available counseling and health services;
c)
Providing a supportive school environment designed to continue the recovery process for
students returning from treatment. A re-entry program may include continuing student
and/or family counseling and emphasizing positive alternatives to alcohol, tobacco, drugs,
and other substance use/abuse.
d)
Developing a parent network to serve as a support group and provide a vehicle of
communication for parent education;
e)
Ensuring confidentiality as required by state and federal law.
Disciplinary Measures
Disciplinary measures for students consuming, sharing and/or selling, using and/or possessing
alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia
for the use of such drugs shall be outlined in the District's Code of Conduct.
Staff Development
There shall be ongoing training of District staff about the components of an effective alcohol,
tobacco and other substances program. Training shall include, but not be limited to, District policies
and regulations and the staff's role in implementing such policies and regulations. Teachers shall be
trained to implement the District's K through 12 alcohol, tobacco, drugs and other substance
prevention curricula; intervention staff shall be suitably trained to carry out appropriate services.
Implementation, Dissemination and Monitoring
It shall be the responsibility of the Superintendent to implement the alcohol, tobacco, drugs, and
other substances Board policy by collaboration with school personnel, students, parents/guardians and
the community at large.
(Continued)
2003
7320
3 of 3
Students
SUBJECT:
ALCOHOL, TOBACCO, DRUGS, AND OTHER SUBSTANCES (STUDENTS)
(Cont'd.)
Additionally, copies of Board policy shall be disseminated to District staff, parents/guardians
and community members. The Superintendent/designee shall periodically review the tobacco, drugs
and alcohol abuse prevention program to determine its effectiveness and support appropriate
modifications, as needed.
Safe and Drug-Free Schools and Communities Act,
As reauthorized by the No Child Left Behind Act of 2001
20 United States Code (USC) Section 7101 et seq.
NOTE:
Refer also to Policies #3280 -- Community Use of School Facilities
#3410 -- Code of Conduct on School Property
#5640 -- Smoking/Tobacco Use
#7310 -- School Conduct and Discipline
#8211 -- Prevention Instruction
District Code of Conduct on School Property
Adopted: 9/9/03
2003
7330
1 of 3
Students
SUBJECT:
SEARCHES AND INTERROGATIONS
Students are protected by the Constitution from unreasonable searches and seizures. A student
may be searched and contraband seized on school grounds or in a school building by a School District
employee only when the School District employee has reasonable suspicion to believe the student is
engaging in proscribed activity which is in violation of school rules and/or illegal.
Factors to be considered in determining whether reasonable suspicion exists to search a student
include:
a)
The age of the student;
b)
The student's record and past history;
c)
The predominance and seriousness of the problem in the school where the search is
directed; and
d)
The urgency to conduct the search without delay.
If reasonable suspicion exists to believe that a student possesses a weapon, it is permissible for a
School District employee to search that student.
Lockers
Lockers are provided by the school for student use and the administration has the right to search
lockers. A student may have exclusive use of a locker as far as other students are concerned but he/she
does not have such exclusivity over the locker as it relates to the school authorities.
Questioning of Students by School Officials
School officials have the right to question students regarding any violations of school rules
and/or illegal activity. In general, administration may conduct investigations concerning reports of
misconduct which may include, but are not limited to, questioning students, staff, parents/guardians, or
other individuals as may be appropriate and, when necessary, determining disciplinary action in
accordance with applicable due process rights.
Should the questioning of students by school officials focus on the actions of one particular
student, the student will be questioned, if possible, in private by the appropriate school administrator.
The student's parent/guardian may be contacted; the degree, if any, of parental/guardian involvement
will vary depending upon the nature and the reason for questioning, and the necessity for further
action which may occur as a result.
(Continued)
2003
7330
2 of 3
Students
SUBJECT:
SEARCHES AND INTERROGATION (Cont'd.)
The questioning of students by school officials does not preclude subsequent
questioning/interrogations by police authorities as otherwise permitted by law. Similarly, the
questioning of students by school officials does not negate the right/responsibility of school officials to
contact appropriate law enforcement agencies, as may be necessary, with regard to such statements
given by students to school officials.
School officials acting alone and on their own authority, without the involvement of or on behalf
of law enforcement officials (at least until after the questioning of students by school authorities has
been conducted) are not required to give the so-called "Miranda warnings" (i.e., advising a person,
prior to any custodial interrogations as defined in law, of the right to remain silent; that any statement
made by the individual may be used as evidence against him/her; and that the individual has the right
to the presence of an attorney, either retained or appointed) prior to the questioning of students.
If deemed appropriate and/or necessary, the Superintendent/designee may also review the
circumstances with School District legal counsel so as to address concerns and the course of action, if
any, which may pertain to and/or result from the questioning of students by school officials.
Law Enforcement Officials
It shall be the policy of the Auburn Enlarged City School District that a cooperative effort shall
be maintained between the school administration and law enforcement agencies. Law enforcement
officials may be summoned in order to conduct an investigation of alleged criminal conduct on school
premises or during a school-sponsored activity, or to maintain the educational environment. They may
also be summoned for the purpose of maintaining or restoring order when the presence of such officers
is necessary to prevent injury to persons or property.
Administrators have the responsibility and the authority to determine when the assistance of law
enforcement officers is necessary within their respective jurisdictions. The School District's
administrators shall at all times act in a manner that protects and guarantees the rights of students and
parents.
Interrogation of Students by Law Enforcement Officials
If police are involved in the questioning of students on school premises, whether or not at the
request of school authorities, it will be in accordance with applicable law and due process rights
afforded students. Generally, police authorities may only interview students on school premises
without the permission of the parent/guardian in situations where a warrant has been issued for the
student's arrest (or removal). Police authorities may also question students for investigations of crimes
committed on school property. Generally, in all other situations, if the police wish to speak to a
student without a warrant, they should take the matter up directly with the student's parent/guardians.
(Continued)
2003
7330
3 of 3
Students
SUBJECT:
SEARCHES AND INTERROGATION (Cont'd.)
Family Court Act Section 1024
Education Law Sections 1709(2) and (33) and 2801
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(l)
Adopted: 10/14/03
2003
7340
Students
SUBJECT:
BUS RULES AND REGULATIONS
The Auburn Enlarged City School District furnishes transportation to those students whose
disability or distance from the school make the service essential. Except as otherwise mandated in a
student's Individualized Education Program (IEP), riding these buses is a privilege and may be
withdrawn if the student does not comply with the rules and regulations set forth in this District.
Students riding school buses are expected to conform to the rules of conduct in order to permit
the bus driver to transport his/her passengers safely.
The Board of Education, the Superintendent and/or his/her designee has the authority to suspend
the transportation privileges of children who are disorderly and insubordinate on buses. In these cases,
the parents/guardians of the children involved become responsible for seeing that their children get to
and from school safely.
Bus drivers shall be held responsible for reasonable and acceptable behavior of students while
riding the school bus.
The Board directs the administration to establish rules and regulations for student conduct on
buses, including applicable due process rights to be afforded students suspended from transportation
privileges. These rules and regulations shall be promulgated to all concerned, including the non-public
schools to which students are transported.
8 New York Code of Rules and Regulations
(NYCRR) Section 156
20 United States Code (USC) Sections 1400-1485
Individuals With Disabilities Education Act (IDEA)
Adopted: 9/9/03
2003
7350
Students
SUBJECT:
CORPORAL PUNISHMENT
Corporal punishment as a means of discipline shall not be used against a student by any teacher,
administrator, officer, employee or agent of this School District.
However, if alternative procedures and methods which would not involve physical force do not
work, then the use of reasonable physical force is not prohibited for the following reasons:
a)
Self-protection;
b)
Protection of others;
c)
Protection of property; or
d)
Restraining/removing a disruptive student.
Whenever a school employee uses physical force against a student, the school employee shall,
within the same school day, make a report to the Building Principal with a copy to the Superintendent
describing in detail the circumstances and the nature of the action taken.
The Superintendent of Schools shall submit a written report semi-annually to the Commissioner
of Education, with copies to the Board of Education, by January 15 and July 15 of each year, setting
forth the substance of each written complaint about the use of corporal punishment received by the
Auburn Enlarged City School authorities during the reporting period, the results of each investigation,
and the action, if any, taken by the school authorities in each case.
Rules of the Board of Regents Section 19.5
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(l)(3)
Adopted: 9/9/03
2003
7360
Students
SUBJECT:
WEAPONS IN SCHOOL
The possession of a weapon on school property or in school buildings is strictly prohibited,
except by law enforcement personnel. Any person possessing a weapon for educational purposes in
any school building must have written authorization of the Superintendent of Schools or his/her
designee.
The term "weapon" means a weapon, device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or bodily injury.
The Penal Code of the State of New York shall also be used to determine what is considered a
weapon.
Penal Law Section 265.01
NOTE:
Refer also to Policies #3411 -- Unlawful Possession of a Weapon Upon School Grounds
#7361 -- Gun-Free Schools
Adopted: 9/9/03
2003
7361
1 of 3
Students
SUBJECT:
GUN-FREE SCHOOLS
No student shall bring onto school premises any "firearm" as defined in federal law. For
purposes of this policy, the term "firearm" includes any weapon (including a starter gun) which will or
is designed to or may readily be converted to expel a projectile by the action of an explosive;
fireworks, the frame or receiver of such weapon; any firearm muffler or silencer; or any "destructive
device" (e.g., any explosive, incendiary, or poison gas, including bombs, grenades, rockets or other
similar devices).
In accordance with the Gun-Free Schools Act of 1994 and Section 3214(3)(d) of the Education
Law, any student who brings a firearm, as defined in federal law, onto school property, will be
referred by the Superintendent to the appropriate agency or authority for a juvenile delinquency
proceeding in accordance with Article 3 of the Family Court Act when the student is under the age of
sixteen except for a student fourteen or fifteen years of age who qualifies for juvenile offender status
under the Criminal Procedure Law, and will be referred by the Superintendent to the appropriate law
enforcement officials when the student is sixteen years of age or older or when the student is fourteen
or fifteen years of age and qualifies for juvenile offender status under the Criminal Procedure Law.
In addition, any student attending a District school who has been found guilty of bringing a
firearm onto school property, after a hearing has been provided pursuant to Section 3214 of the
Education Law, shall be suspended for a period of not less than one calendar year and any student
attending a non-district school who participates in a program operated by the School District using
funds from the Elementary and Secondary Education Act of 1965 who is determined to have brought a
firearm to a District school or other premises used by the School District to provide such programs
shall be suspended for a period of not less than one calendar year from participation in such program.
The procedures of Education Law Section 3214(3) shall apply to such a suspension of a student
attending a non-district school. Further, after the imposition of the one year penalty has been
determined, the Superintendent of Schools has the authority to modify this suspension requirement for
each student on a case-by-case basis. In reviewing the student's one year suspension penalty, the
Superintendent may modify the penalty based on factors as set forth in Section 100.2 of the
Regulations of the Commissioner of Education and in Commissioner's Decisional Law. The
determination of the Superintendent shall be subject to review by the Board of Education in
accordance with Education Law Section 3214(3)(c) and by the Commissioner of Education in
accordance with Education Law Section 310.
A student with a disability who is determined to have brought a firearm to school may be placed
in an interim alternative educational setting, in accordance with federal and state law, for not more
than 45 calendar days. If the parent or guardian requests an impartial hearing, the student must remain
in the interim alternative placement until the completion of all proceedings, unless the parent or
guardian and District can agree on a different placement.
(Continued)
2003
7361
2 of 3
Students
SUBJECT:
GUN-FREE SCHOOLS (Cont'd.)
A student with a disability may be given a long term suspension pursuant to the Gun-Free
Schools Act only if a group of persons knowledgeable about the student, as defined in federal
regulations implementing the IDEA, determines that the bringing of a firearm to school was not a
manifestation of the student's disability, subject to applicable procedural safeguards.
If it is determined that the student's bringing of a firearm to school was a manifestation of the
student's disability, the Superintendent must exercise his/her authority under the Gun-Free Schools Act
to modify the long term suspension requirement, and determine that the student may not be given a
long term suspension for the behavior. The Committee on Special Education may review the student's
current educational placement and initiate change in placement proceedings, if appropriate, subject to
applicable procedural safeguards.
The District may offer home instruction as an interim alternative educational setting during the
pendency of review proceedings only if the student's placement in a less restrictive alternative
educational setting is substantially likely to result in injury either to the student or to others.
The District may also seek a court order to immediately remove a student with a disability from
school if the District believes that maintaining the student in the current educational placement is
substantially likely to result in injury to the student or to others.
Students with disabilities continue to be entitled to all rights enumerated in the Individuals With
Disabilities Education Act and Article 89 of the Education Law; and this policy shall not be deemed to
authorize suspension of students with disabilities in violation of these laws.
This policy does not prohibit the District from utilizing other disciplinary measures including,
but not limited to, out-of-school suspensions for a period of five days or less, or in-school suspensions,
in responding to other types of student misconduct which infringe upon the established rules of the
school. Additionally, this policy does not diminish the authority of the Board of Education to offer
courses in instruction in the safe use of firearms pursuant to Education Law Section 809-a.
The District will continue to provide the suspended student who is of compulsory attendance age
with appropriate alternative instruction during the period of the student's suspension.
Goals 2000: Educate America Act,
P. L. 103-227 (Gun-Free Schools Act of 1994)
18 United States Code (USC) Section 921
Education Law Sections 310, 809-a, 3214,
and Article 89
(Continued)
2003
7361
3 of 3
Students
SUBJECT:
GUN-FREE SCHOOLS (Cont'd.)
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2 and Part 200
20 United States Code (USC) Sections 1400-1485
Individuals With Disabilities Education Act (IDEA)
Family Court Act Article 3
Criminal Procedure Law Section 1.20(42)
NOTE:
Refer also to Policies #3411 -- Unlawful Possession of a Weapon Upon School Grounds
#7360 -- Weapons in School
Adopted: 10/14/03
2004
7370
1 of 3
Students
SUBJECT:
HAZING OF STUDENTS
The Board of Education is committed to providing a safe, productive and positive learning
environment within its schools. Hazing activities are demeaning, abusive and/or illegal behaviors that
harm victims, and are inconsistent with the educational goals of the District by negatively impacting
the school environment. Hazing of a student by another student or group of students is strictly
prohibited on school property; in school buildings; on school buses; by school sponsored groups, clubs
or teams; and at school sponsored events and/or activities whether occurring on or off-campus. Hazing
of a student refers to soliciting, encouraging, aiding, or engaging in "hazing" behavior as defined
pursuant to District policy, regulation and/or law. The Board of Education shall require the prohibition
of hazing - along with the range of possible intervention activities and/or sanctions for such
misconduct - to be included in the District Code of Conduct for all grade levels.
For purposes of this policy, the term "hazing" among students is defined as any humiliating or
dangerous activity expected of a student to join a group, regardless of their willingness to participate.
The District realizes that a single negative act may constitute bullying if the impact of the instant act is
evaluated as being detrimental to the safety and welfare of the student. Hazing behaviors include, but
are not limited to, the following general categories:
a)
Humiliation: socially offensive, isolating or uncooperative behaviors.
b)
Substance abuse: abuse of tobacco, alcohol or illegal drugs.
c)
Dangerous hazing: hurtful, aggressive, destructive, and disruptive behaviors.
Incorporated within this definition are various forms of physical, emotional and/or sexual abuse
which may range in severity from teasing/embarrassing activities to life threatening actions.
Even if the hazing victim participated "willingly" in the activity, or there was no "intent" by the
hazer to harm or injure another individual, hazing is still hazing and against District policy, the
District Code of Conduct and may be in violation of New York State Law. However, hazing of
students does not need to rise to the level of criminal activity for such conduct to be in violation of
District rules and subject to appropriate disciplinary sanctions. Any hazing activity, whether by an
individual or a group, shall be presumed a forced activity and in violation of Board policy, regardless
of the "willingness" of the student to participate.
Any student who believes that he/she is being subjected to hazing behavior, as well as students,
school employees or third parties who have knowledge of or witness any possible occurrence of
hazing, shall report the incident to any staff member or the Building Principal. Anonymous student
complaints of hazing behavior will also be investigated by the District. The staff member/Building
Principal to whom the report is made (or the staff member/Building Principal who witnesses hazing
behavior) shall investigate the complaint/incident and take appropriate action to include, as necessary,
referral to the next level of supervisory authority and/or other official designated by the District to
investigate allegations of hazing. Investigations of allegations of hazing shall follow the procedures
(Continued)
2004
7370
2 of 3
Students
SUBJECT:
HAZING OF STUDENTS (Cont'd.)
utilized for complaints of harassment within the School District. Allegations of hazing shall be
promptly investigated and will be treated as confidential and private to the extent possible within legal
constraints.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle Blower" Protection)
The Board of Education prohibits any retaliatory behavior directed against complainants,
victims, witnesses, and/or any other individuals who participate in the investigation of allegations of
hazing. Follow-up inquiries and/or appropriate monitoring of the alleged hazer(s) and victim(s) shall
be made to ensure that hazing behavior has not resumed and that all those involved in the investigation
of allegations of hazing have not suffered retaliation. Any act of retaliation is subject to appropriate
disciplinary action by the District.
Knowingly Makes False Accusations
Students who knowingly make false accusations against another individual as to allegations of
hazing may also face appropriate disciplinary action.
District Responsibility/Training
Personnel at all levels are responsible for taking corrective action to prevent hazing behavior of
which they have been made aware at School District sites; by school sponsored groups, clubs or
teams; and at school sponsored events and/or activities whether occurring on or off-campus. Further,
as may be applicable, personnel are to report such hazing behavior to their immediate supervisor. Staff
training shall be provided to raise awareness of the problem of hazing within the schools and to
facilitate staff identification of, and response to, such hazing behavior among students.
Prevention and intervention techniques within the District to help prevent hazing behavior and to
support and protect victims shall include building-level and classroom-level strategies and activities as
determined by administration. Individual intervention will be provided by appropriate staff members
to hazers, victims and their parents to help ensure that the hazing stops.
Rules against hazing shall be publicized District-wide and shall be disseminated as appropriate to
staff, students and parents. Disciplinary sanctions for violation of this policy shall be outlined in the
District Code of Conduct and may also be incorporated in staff and student handbooks. In addition,
allegations of hazing behavior may result in referral to law enforcement officials as necessary.
Civil Service Law Section 75-B
Education Law Sections 1709-a, 2503-a, 2554-a and 2801
Penal Law Sections 120.16 and 120.17
8 NYCRR Section 100.2(l)(2)
(Continued)
2004
7370
3 of 3
Students
SUBJECT:
NOTE:
Adopted:
Amended:
HAZING OF STUDENTS (Cont'd.)
Refer also to Policies #3410 -- Code of Conduct on School Property
#3420 -- Non-Discrimination and Anti-Harassment in the School
District
#7551 -- Sexual Harassment of Students
#7552 -- Bullying in the Schools
District Code of Conduct
4/6/2004
6/26/2012
2004
7380
1 of 3
Students
SUBJECT:
BULLYING IN THE SCHOOLS
The Board of Education is committed to providing a safe and productive learning environment
within its schools. Bullying of a student by another student is strictly prohibited on school property, in
school buildings, on school buses, and at school sponsored events and/or activities whether occurring
on or off campus. The Board of Education shall require the prohibition of bullying - along with the
range of possible intervention activities and/or sanctions for such misconduct - to be included in the
District Code of Conduct for all grade levels.
For purposes of this policy, the term "bullying" among children is defined, in general, as: "a
variety of negative acts carried out repeatedly over time. It involves a real or perceived imbalance of
power, with a more powerful child or group attacking those who are less powerful." The District
realizes that a single negative act may constitute bullying if the impact of the instant act is evaluated as
being detrimental to the safety and welfare of the student. Bullying can take three forms:
a)
Physical (including, but not limited to, hitting, kicking, spitting, pushing, taking personal
belongings);
b)
Verbal (including, but not limited to, taunting, malicious teasing, name calling, making
threats); and
c)
Psychological (including, but not limited to, spreading rumors; manipulating social
relationships; or engaging in social exclusion, extortion, or intimidation).
Although this Policy focuses on the bullying of a student by another student, it should be noted
that bullying against any individual is strictly prohibited. This includes bullying of staff members
against students, students against staff members, staff members against other staff members, and
bullying by or against any parents, persons in parental relation, volunteers, visitors or vendors who
may be on school property or at school sponsored events as defined above.
Engages in Cyberbullying Behavior
As with other forms of bullying, cyberbullying is an attempt to display power and control over
someone perceived as weaker. Cyberbullying involving District students may occur both on campus
and off school grounds and may involve student use of the District Internet system or student use of
personal digital devices while at school, such as cell phones, digital cameras, and personal computers
to engage in bullying.
Cyberbullying includes, but is not limited to, the following misuses of technology: harassing,
teasing, intimidating, threatening, or terrorizing another student or staff member by way of any
technological tool, such as sending or posting inappropriate or derogatory email messages, instant
messages, text messages, digital pictures or images, or website postings (including blogs).
Cyberbullying has the effect of:
a)
Physically, emotionally or mentally harming a student;
(Continued)
2004
7380
2 of 3
Students
SUBJECT:
BULLYING IN THE SCHOOLS (Cont'd.)
b)
Placing a student in reasonable fear of physical, emotional or mental harm;
c)
Placing a student in reasonable fear of damage to or loss of personal property; and
d)
Creating an intimidating or hostile environment that substantially interferes with a student's
educational opportunities.
Also, cyberbullying that occurs off-campus, that causes or threatens to cause a material or
substantial disruption in the school, could allow school officials to apply the "Tinker standard" where a
student's off-campus "speech" may be subject to formal discipline by school officials when it is
determined that the off-campus speech did cause a substantial disruption or threat thereof within the
school setting [Tinker v. Des Moines Indep. Sch. Dist. 393 U.S. 503 (1969)]. Such conduct could also
be subject to appropriate disciplinary action in accordance with the District Code of Conduct and
possible referral to local law enforcement authorities.
Reports of Allegations of Bullying/Cyberbullying Behavior
Any student who believes that he/she is being subjected to bullying/cyberbullying behavior, as
well as any other person who has knowledge of or witnesses any possible occurrence of bullying, shall
report the bullying to any staff member or the Building Principal. The staff member/Building Principal
to whom the report is made (or the staff member/Building Principal who witnesses bullying behavior)
shall promptly, thoroughly and equitably investigate the complaint and take appropriate action to
include, as necessary, referral to the next level of supervisory authority and/or other official designated
by the District to investigate allegations of bullying. Investigation of allegations of bullying shall
follow the procedures utilized for complaints of harassment within the School District. Allegations of
bullying shall be promptly and equitably investigated and will be treated as confidential and private to
the extent possible within legal constraints.
Prevention and Intervention
Personnel at all levels are responsible for taking corrective action to prevent bullying behavior of
which they have been made aware at School District sites or activities and/or reporting such behavior
to their immediate supervisor. Further, staff training shall be provided to raise awareness of the
problem of bullying within the schools and to facilitate staff identification of and response to such
bullying behavior among students.
Prevention and intervention techniques within the District to prevent against bullying behavior
and to support and protect victims shall include building-level and classroom-level strategies and
activities as determined by administration. Individual intervention will be provided by appropriate
staff members to bullies, victims and their parents to help ensure that the bullying stops.
(Continued)
2004
7380
3 of 3
Students
SUBJECT:
BULLYING IN THE SCHOOLS (Cont'd.)
Rules against bullying shall be publicized District-wide and shall be disseminated as appropriate
to staff, students and parents.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participate in the investigation of allegations of bullying. Follow-up
inquiries and/or appropriate monitoring of the alleged bully and victim shall be made to ensure that
bullying behavior has not resumed and that all those involved in the investigation of allegations of
bullying have not suffered retaliation.
Civil Service Law Section 75-B
NOTE:
Refer also to Policies #3410 -- Code of Conduct on School Property
#3420 -- Non-Discrimination and Anti-Harassment in the School
District
#7551 -- Sexual Harassment of Students
#7553 -- Hazing of Students
District Code of Conduct
Adopted: 4/6/2004
Reviewed: 1/19/2010 - Policy Committee
1/21/2010 - Auburn Leadership Team
Adopted: 2/23/2010 - Board of Education
Amended: 7/5/2012 – Board of Education
2005
7410
1 of 2
Students
SUBJECT:
CO-CURRICULAR ACTIVITIES
The Board of Education considers co-curricular activities to be a valuable part of the program of
the school and shall support these activities within the financial means of the District. Co-curricular
activities include clubs and organizations which help support learning or citizenship in the schools.
Limited Open Forum
The Board of Education maintains a limited open forum where secondary students may meet for
voluntary student-initiated activities unrelated directly to the instructional program, regardless of
religious, political or philosophical content.
To provide "a fair opportunity" to students who wish to conduct a meeting, the Board of
Education, in accordance with the provisions of the Equal Access Act, shall ensure that:
a)
The meeting is voluntary and student-initiated;
b)
There is no sponsorship of the meeting by the school, the government, or its agents or
employees;
c)
Employees or agents of the school or government are present at religious meetings only in
a nonparticipatory capacity;
d)
The meeting does not materially and substantially interfere with the orderly conduct of
educational activities within the school; and
e)
Nonschool persons may not direct, conduct, control, or regularly attend activities of student
groups (20 USC Section 4071[c]).
The Board prohibits student organizations whose activities may be unlawful or may cause
disruption or interference with the orderly conduct of the educational process.
Administration is responsible for establishing regulations governing the use of school facilities
by student organizations.
Eligibility for Attendance
a)
Students who are suspended from school on a day of a meeting, or practice session, party, school
dance, or other school affair scheduled after regular school hours are not eligible for participation
or attendance at such events.
(Continued)
2005
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SUBJECT:
b)
CO-CURRICULAR ACTIVITIES (Cont'd.)
In order for students to attend a school-sponsored function, students must attend classes for at
least half of the school day on the day of the activity, unless otherwise excused by the building
administrator. Four consecutive periods of attendance defines 1/2 a school day at the secondary
level.
8 New York Code of Rules and Regulations (NYCRR)
Sections 172.1 and 172.2
Education Law Sections 1709, 1709-a,
2503-a, and 2554-a
Equal Access Act, 20 United States Code (USC)
Sections 4071-4074
Adopted: 9/9/03
Revised: 3/1/05
2003
7411
Students
SUBJECT:
CENSORSHIP OF SCHOOL SPONSORED STUDENT PUBLICATIONS AND
ACTIVITIES
The publications of student newspapers, yearbook and other journalistic endeavors that are part
of the educational program, shall be under the sponsorship of a professional staff member. It shall be
the responsibility of the professional staff to develop, with involved students, acceptable guidelines for
such publications.
The District may exercise editorial control over the style and content of student speech in school
sponsored publications and activities that are part of the educational curriculum.
Adopted : 9/9/03
2003
7412
Students
SUBJECT:
SECRET SOCIETIES, FRATERNITIES AND SORORITIES
The existence of secret societies is determined not to be in the best interest of students and the
school program. The Board will not permit the organization or operation of such groups as are deemed
to be contrary to the educational process.
Education Law Sections 1709, 2503a, and 2554a
Adopted: 10/14/03
2003
7414
Students
SUBJECT:
SENIOR CLASS STUDENT FUNDS
At the end of the school year, it shall be the duty of the Treasurer to assemble the quarterly
reports and prepare a composite report listing the financial condition of each activity for the full school
year for the guidance of the Chief School Officer and the Board of Education. At this time a review is
done to close any inactive extra classroom activity accounts with an unused balance for a period of
time of one year. If a graduating class has an unused balance at the time of graduation, the class may
wish to donate the money to other accounts; otherwise the remaining unused balance will be
transferred to the general student organization. An entry is made to close the account and transfer any
unused balance to the general student organization.
This is in accordance with Regulations of the Commissioner of Education Section 172
Adopted: 9/9/2003
Amended: 2/9/2010
2005
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Students
SUBJECT:
EXTRA CURRICULAR ATHLETICS
Athletics are an integral part of a well balanced educational program. Therefore, the Board
supports within its resources a broad sports program with equal access for both males and females,
with an emphasis on maximum participation, through interscholastic and intramural activity. The
District will comply with recommendations from the U.S. Department of Education's Office for Civil
Rights (OCR) regarding Title IX equal opportunity for males and females in the District's total athletic
program regarding any of the following factors which may be applicable:
a)
The nature and extent of the sports program to be offered (including the levels of
competition, such as varsity, club, etc.);
b)
The provision of equipment and supplies;
c)
The scheduling of games and practice time;
d)
The provision of travel and per diem allowances;
e)
The nature and extent of the opportunity to receive coaching and academic tutoring;
f)
The assignment and compensation of coaches and tutors;
g)
The provision of locker rooms, practice and competitive facilities;
h)
The provision of medical and training facilities and services;
i)
The provision of housing and dining facilities and services; and
j)
The nature and extent of support, publicity and promotion including cheerleading, bands,
published programs distributed at games, and booster club activities.
The interscholastic athletic program shall conform to the Regulations of the Commissioner of
Education as well as the established rules of the New York State Public High Schools Athletic
Association and the State Education Department.
Eligibility for interscholastic athletic competition requires that the students:
a)
Provide written parental/guardian consent. A consent form for a student's participation in
interscholastic sports must contain information regarding mild traumatic brain injuries
(concussions) as specified in Commissioner's Regulations;
b)
Pass satisfactorily the medical examination administered by the school physician/nurse
practitioner or the student's personal physician. The school physician/nurse practitioner
retains final approval on all physicals performed by the student's personal physician; and
(Continued)
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SUBJECT:
c)
EXTRA CURRICULAR ATHLETICS (Cont'd.)
Meet the requirements for interscholastic competition as set forth by the Commissioner's
Regulations and the New York State Public High School Athletic Association.
Booster Clubs
The School District has a responsibility under Title IX to ensure that boys' and girls' programs
are provided with equivalent benefits, treatment, services and opportunities regardless of their source.
When determining equivalency, benefits, services and opportunities attained through the use of private
funds (e.g., "booster clubs"), such funds are considered in combination with all benefits, services and
opportunities.
Private fundraising, including student-initiated fundraising, is permissible under Title IX.
Further, compliance with Title IX does not mean that teams must "share" proceeds from fundraising
activities. It does, however, place a responsibility on the District to ensure that benefits, services,
treatment and opportunities overall, regardless of funding sources, are equivalent for male and female
athletes.
In accordance with OCR, in order for the District to be in continuing compliance with Title IX
requirements, the District must assure that services, benefits and opportunities in its athletic programs
are provided on an equivalent basis to both boys and girls, including those services, benefits and
opportunities that are provided through the use of outside financial assistance such as donations,
fundraising by coaches, and booster clubs.
Selection/Classification Process
The Board approves the use of the selection/classification process for all secondary school
interscholastic team members. The Board directs the Superintendent to implement the procedures and
maintain a file of those students deemed eligible as a result of those procedures.
Student Athletic Injuries
No student should be allowed to practice or play in an athletic contest if he/she is suffering from
an injury. The diagnosis of and prescription of treatment for injuries is strictly a medical matter and
should under no circumstances be considered within the province of the coach. A coach's
responsibility is to see that injured players are given prompt and competent medical attention, and that
all details of a doctor's instructions concerning the student's functioning as a team member are carried
out. No student will be allowed to practice or compete if there is a question whether he/she is in
adequate physical condition.
A physician's certificate may be required before an athlete is permitted to return to practice or
competition.
(Continued)
2005
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SUBJECT:
EXTRA CURRICULAR ATHLETICS (Cont'd.)
Concussions
A student who has sustained or is believed to have sustained a mild traumatic brain injury
(concussion) must be immediately removed from athletic activities. If there is any doubt, it shall be
presumed that the student is so injured until proven otherwise. Before being permitted to return to
athletic activity, a student must be symptom free for not less than twenty-four (24) hours and have
been evaluated by and received written and signed authorization from a licensed physician.
Additionally, for extra class athletic activities, a student must have received clearance from the School
District Medical Director to participate in such activity.
Athletic Program - Safety
The District will take reasonable steps to see that physical risks to students participating in the
interscholastic athletic program shall be kept at a minimum by:
a)
Requiring medical examinations of participants;
b)
Obtaining appropriately certified and/or licensed staff to coach all varsity, junior varsity,
and modified games, along with certified and/or licensed officials to referee all such
competitions;
c)
Ensuring that equipment is both safe and operative within approved guidelines.; and
d)
Providing required training opportunities for all coaching staff regarding mild traumatic
brain injury.
Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
45 Code of Federal Regulations Part 86
8 NYCRR Section 135 and 136
NOTE:
Refer also to Policy #7522 -- Concussion Management
Adopted: 10/14/03
Amended: 3/1/2005
Amended: 1/8/2013
2004
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PARTICIPANT GUIDELINES FOR CO-CURRICULAR AND EXTRA-CLASSROOM
ACTIVITIES
Section I:
Academic Eligibility Statement
The number one priority of the Auburn Enlarged City School District is to educate the whole child, first by
stimulating the child intellectually and then by providing a number of common experiences designed to develop
the social, emotional, physical and ethical values necessary to be a productive member of society. Co-curricular
programs help to provide such experiences and are, therefore, considered an integral part of the total
educational program. Involvement in co-curricular activities can have a positive influence on the academic
achievement of students. However, academics must always come first to accomplish this objective an
eligibility standard has been established. The guidelines are as follows:
A. On report card distribution dates, at the high school and Jr. high levels, and at a 5-week report distribution
dates at the Jr. high level, students will be determined to be eligible if they earn a 70% or higher overall
average and have no grade of “Incomplete”.
B.
Each time a student does not meet this standard, he or she will be put on academic probation until the
next report card distribution date. Students may participate in co-curricular activities while they are on
probation. It is the student’s responsibility to meet with his or her teacher(s) to raise his/her overall
average at least to the acceptable level of 70% and to make up the work needed to change an
“Incomplete” to a grade.
C.
At the end of the six week probationary period, the student who continues to maintain an average below
70% will be declared ineligible until the marking period in which they achieve an average of 70% or
better. Students declared ineligible may not participate in, or try-out for, any co-curricular activity.
EXAMPLE: A student on probation for the first marking period who does not raise his/her overall
average to a 70% or above by the end of the second marking period, will be ineligible for the third
marking period. If the student raises their overall average to a 70% or above by the end of the third
marking period, the student would be eligible for the fourth marking period. If the student’s overall
average at the end of the fourth marking period falls below a 70%, the student would return to probation
for the fifth marking period.
D. A student’s probation and eligibility status as of the 6th marking period will be carried over to the fall
semester. The Summer School final course average will be used to recalculate the 6th marking period
averages for the purposes of determining first semester eligibility in the fall.
E.
This regulation will include all students.
F.
This regulation will include all sports and co-curricular activities.
SECTION II: Behavioral Eligibility Statement
A. Attendance:
1.
Students who serve an out-of-school suspension, on the day of a co-curricular activity or other school
affair (ie: dance) scheduled after regular school hours, are not eligible for participation or attendance at
such events. If a student is suspended Friday, or the day before a break, s/he may not participate in any
school activities until the conclusion of their Suspension, on the next day school is in regular session.
2.
Students who serve a full day of in-school-suspension may not participate in co-curricular events after
school. However, a coach or activity supervisor, at his or her discretion, may require a student to attend,
but not to participate.
3.
In order for students to attend a school-sponsored function, it is necessary that students attend classes for
a minimum of four bells.
2002
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PARTICIPANT GUIDELINES FOR CO-CURRICULAR AND EXTRA-CLASSROOM
ACTIVITIES
SECTION II: Behavioral Eligibility Statement
B. Trips during vacation and school-sponsored trips:
Trips during vacation and school-sponsored trips are deemed to be legal absences for the purpose of cocurricular eligibility only. Therefore, a student who goes on a trip during vacation or on a school-sponsored trip
will not be dropped from a team or activity. However, team or activity membership rules may determine the
extent of participation when the student returns.
C. Equipment Loss
Any loss of, or damage to, equipment or materials must be paid for by the end of the season of activity. Failure
to pay by the end of that season will result in the student not participating in any future activity until payment is
made.
D. Vandalism and Stealing
Any co-curricular participant who is found guilty of stealing or vandalizing the property of another while
attending or participating in a co-curricular activity or event shall be ineligible to participate in the activity
and/or shall be dropped from the activity.
E. Code-of-Conduct Rules:
1. Every participant is expected to fully uphold all school discipline rules including the District policy on
School Conduct and Discipline.
2. No participant in any school-sponsored activity will be allowed to smoke, use, posses, sell, give or receive a
cigarette,
cigar or pipe, or use chewing or smokeless tobacco.
3. No participant in any school-sponsored activity will be allowed to drink alcoholic beverages, be under the
influence
of alcohol, or in possession of an alcoholic beverage.
4. No member of any school-sponsored activity will use, possess, sell, give or receive any drug or controlled
substance,
including marijuana, or any instruments for the use of such drugs, controlled substances or
marijuana such as a pipe,
syringe or other paraphernalia. Excepted is any drug taken in accordance with
a current prescription signed by a
physician which is to be taken by that particular student at the time in
question.
5. The above code-of-conduct rules also extend to student conduct off school grounds, including student
attendance at parties where alcohol and/or illegal drugs are present, for example.
6. Co-curricular participants who are found guilty of violating any of the above code of conduct rules may be
suspended from any and all co-curricular activities.
Section III:
Activity Membership Statements:
Supervisors of co-curricular activities may impose membership rules for the proper functioning of the group,
consistent with the District’s policy on School Conduct and Discipline, and with the academic and behavioral
standards for co-curricular participants outlined here. These rules must be in writing and signed by the parent
and co-curricular participant. Athletic team membership rules must be approved by the Athletic Director.
Other co-curricular activity membership rules must be approved by the Principal. Coaches will submit signed
copies of academic and behavioral guidelines for each student participant, to the Athletic Director, other cocurricular activity supervisors will submit the same to the Principal. The Athletic Director and Principal will
verify that all activity participants have on file signed copies of the appropriate forms before students begin cocurricular and/or extra-curricular participation. Membership rules for an activity shall be firm, fair and
consistent and designed to promote continuity, safety and success for participants in that particular activity.
2002
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PARTICIPANT GUIDELINES FOR CO-CURRICULAR AND EXTRA-CLASSROOM
ACTIVITIES
Section IV:
Athletic Section:
A. Physicals:
Each athlete must have a physical examination by physician prior to participation in any sport. An exam will be
completed by the school physician at no charge or may be completed by a participant’s physician at his or her
own expense. A completed Health Information Sheet (75-D) Form must be signed by a Parent/Guardian
prior to a physical. No equipment will be given or practice permitted unless the student has had a physical.
Any athlete who sees a physician for injury or illness must have a signed release in order to participate.
B. Unsportsmanlike Conduct:
Athletes who have been disqualified by a game official from an athletic contest due to unsportsmanlike conduct
will not be permitted to participate in the next league contest. This is a Section III Rule.
C. Changing Sports:
An athlete may change sports during a season with the consent of both coaches involved and the Athletic
Director.
D. Rules: All Auburn School district rules and team, membership rules are subject to NEW YORK
STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION SECTION III rules and all
ONONDAGA HIGH SCHOOL LEAGUE rules.
The following is a statement which must be signed by all students who participate in athletics and/or cocurricular activities, as well as their parent/guardian. This statement shall have attached to it The
Participant Guidelines for Co-curricular Activities.
Section IV:
Medical Insurance/Risk of Injury Section:
A. Medical Insurance:
The Auburn Enlarged City School District carries limited insurance to pay for medical expenses of students
who are injured while participating in the School District’s authorized and supervised interscholastic sports
program. It is limited in the sense that it pays for medical expenses for only certain injuries and only in limited
amounts and for certain injuries. Students and parents should also be aware that the School District’s insurance
is not only limited in coverage and amount, but that it is secondary to other insurances which may cover such
medical expenses, including (without limitation) a family’s personal medical or hospital insurances. In other
words and by way of example, a family’s personal insurance must first be used to its allowable limits before the
School District’s limited insurance would be available to pay any portion or all of the unpaid medical expenses.
For further information regarding the School District’s insurances, you are advised to contact the personnel
office of the School District.
Activity/Sport:
2002
Supervisor/Coach Name:
7420 R
Student Name:
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PLEASE PRINT INFORMATION
STUDENTS
7420
AUBURN SCHOOL DISTRICT
PARTICIPANT GUIDELINES FOR CO-CURRICULAR AND EXTRA-CLASSROOM ACTIVITIES
Risk of Injury Statement for Participant in Athletics
▪ I am aware that competing or practicing in any athletic activity can be a dangerous activity involving risk of
injury. I understand that the dangers and risks of competing and practicing in the activity include, but are not
limited to death, neck and spinal injury which may result in complete or partial paralysis, brain damage, injury
to virtually all bones, joints, ligaments, muscles, tendons and other aspects of a muscular-skeletal system and
injury or impairment of future abilities to earn a living, and to engage in and generally enjoy life.
▪ If I am a participant in baseball, hockey, softball, football, lacrosse, soccer, basketball or wrestling, I
specifically acknowledge that it is a contact sport involving even greater risk of injury than other sports.
▪ Because of the possible dangers of participating in the activities, I recognize the importance of following the
coaches’ instructions regarding playing techniques, training and other team /membership rules and agree to
obey such instructions.
▪ In consideration of the School District allowing me to engage in all team activities including but not limited
to, try outs, practice or participation in athletics, I hereby assume all risks associated with participation.
Risk of Injury Statement for Participants in Co-Curricular Activities other than Sports:
There are times when there is a potential risk of injury in co-curricular activities other than athletics. I am
aware of these possibilities, and hereby assume all risks associated with participation.
Risk of Injury Statement Signature:
Dated:_________________, 20_______
Student (Signature)
Student Academic and Behavioral Statement Signature:
Additionally, I have read the attached Academic and Behavioral Guidelines for Participation in CoCurricular Activities and agree to abide by all of the program expectations set forth. (See also Activity
Membership Rules).
Dated:_________________, 20_______
Student (Signature)
Parent/Guardian Risk of Injury Statement Signature:
The undersigned, parent or guardian of the individual who has signed the Risk of Injury Statement, hereby
acknowledges receipt of the Risk of Injury Statement and acknowledges awareness of the various risks set forth
in the statement and, considering such risks, gives permission for the above named student to participate in a
co-curricular or athletic activity.
If I withdraw my permission, I understand that the withdrawal must be in writing and given to the principal as
well as to
the coach or advisor of the particular activity.
Dated:_________________, 20_______
Parent/Guardian of Student (Signature)
Parent/Guardian Academic and Behavioral Statement Signature:
Additionally, I have read the attached Athletic Code of Conduct and agree to support all the rules and penalties
set forth. (See also Activity Membership Rules).
Dated:_________________, 20_______
White: AD/Principal
Revised: 10/14/2003 (new policy #)
Parent/Guardian of Student (Signature)
Yellow: Coach/Advisor
Pink: Student/Parent
7420-Revised: 2/8/2005 (as a regulation)
2003
7430
Students
SUBJECT:
CONTESTS FOR STUDENTS, STUDENT AWARDS AND SCHOLARSHIPS
Contests for Students
Distribution of educational material, essay contests, and poster contests must be approved in
advance by the building principals if the sponsoring organization wishes to involve students in the
project on school time. Samples of informational material should accompany the request. Upon the
judgment of the principal, the request may be forwarded to the Superintendent and the Board of
Education for approval.
Student Awards and Scholarships
The School District may obtain and award to its students awards and scholarships. The Board of
Education, having been entrusted by law, will hold in trust gifts, grants, bequests and legacies given or
bequeathed to the Auburn Enlarged City School District and shall apply the same and/or their interest
and proceeds according to the instruction of the donors and according to the procedures established by
the administration.
Awards and/or scholarships that are to be continued annually and are awards or scholarships of
$50 or more, may, at the request of the donating person or organization, be deposited in the School's
Trust and Agency Fund. Prior to the establishment of such an account, it will be necessary for the
donating person or organization to define the criteria for the selection of the recipient.
Education Law Section 1709(12-a)
Adopted: 9/9/03
2003
7431
Students
SUBJECT:
PUBLIC PERFORMANCE AND EXHIBITIONS
The Board of Education of the Enlarged City School District of Auburn encourages the
participation in public performances and exhibitions of members of school band, orchestra, choral
group, dramatics, debaters, United Nations organization and other clubs which are consistent with
curricular objectives of the regular school program.
Adopted: 10/14/03
2003
7440
Students
SUBJECT:
MUSICAL INSTRUMENTS
a)
All instrumental music students shall be expected to own or rent their instrument--particularly
the common and less expensive instruments (flute, clarinet, trumpet, saxophone etc.).
b)
All students are required to rent or obtain flute, clarinet, alto saxophone, trumpet, trombone, and
snare drum kits. Students will not be required to own or rent the less common and more
expensive instruments. The instruments in this category for the 4th and 5th grades band are the
French horn and the baritone horn. Other school-owned instruments in the school inventory will
be disbursed based on factors including need, aptitude, and availability.
c)
Students and parents/guardians will assume responsibility for proper care of school-owned
instruments and will pay for damages to same.
d)
The District will only transport in its vehicles those instruments meeting certain safety standards
as indicated in the New York State Department of Transportation Regulations.
New York State Department of Transportation
Regulations Section 720.22
Adopted: 10/14/03
2003
7450
Students
SUBJECT:
FUND RAISING BY STUDENTS
Fund raising projects in which students sell merchandise, provide services, or in other ways
solicit money for school activities may be sponsored by school organizations with the specific
approval of the building principal. Any such plan shall have a clearly defined purpose and, in general,
shall contribute to the educational experience of students and shall not conflict with instructional
programs or state mandates. Profits shall be used to enhance school programs by providing money for
expenditures not normally funded by the District.
All participation shall be voluntary.
Also, refer to Policy #3271 -- Solicitation of Charitable Donations From School Children
8 New York Code of Rules and Regulations
(NYCRR) Section 19.6
New York State Constitution, Article VIII, Section 1
Education Law Section 414
Adopted: 10/14/03
2004
7460
Students
SUBJECT:
SUPERVISION OF STUDENTS
Students working on any activity and participating in school sponsored events must be
supervised by the teacher or appointed individual in charge of the activity. This applies to all
activities; and permission to host practices, meetings, or trips must not be granted unless a teacher or
appointed individual is definitely in charge of supervision.
a)
Teachers, coaches, and advisors in the School District will be fully responsible for the
supervision of all students in either their class or their after school activities. Students shall
be supervised at all times. These personnel will maintain supervision over the dressing
rooms, practice areas and other occupied spaces.
b)
Coaches are responsible for the supervision of their athletes at the end of practice. This
may entail bus duty, or making sure students have transportation home.
c)
Teachers and/or assigned school personnel in the elementary grades will be responsible for
the playground supervision of all the children under their jurisdiction. The principal will
distribute the responsibility so that the playground situation will be properly controlled.
d)
Students are not to be sent on any type of errand away from the building without the
consent of the principal.
e)
For school sponsored trips, chaperones will intersperse themselves among students for all
activities and exercise due diligence for supervision.
Chaperones
The Board of Education recognizes that the use of chaperones for school sponsored events or
activities can provide important support for the District. Chaperones may be volunteer adults whose
responsibility it is to assist the advisor of the event in supervising students during the event.
Guidelines shall be established by the Superintendent of Schools for the selection of chaperones
and made available for review. Building administrators will ensure that trip chaperones understand
and fulfill the responsibilities for planning and supervision.
NOTE:
Refer also to Policy #7420 -- Extra Curricular Athletics
Adopted: 10/14/03
Revised: 4/21/04
2003
7511
Students
SUBJECT:
IMMUNIZATION OF STUDENTS
The Board of Education recognizes its responsibility under the Public Health Law to insure that
the children under its charge are immunized against measles, polio, diphtheria, mumps, rubella,
*Haemophilus influenza type b (Hib), and **hepatitis B. Additionally, the varicella (chicken pox)
vaccine shall be required for all children born on or after January 1, 1998 who will enter grades
kindergarten and above in September 2003; and for all children born on or after January 1, 2000 and
enrolled in any school as defined in Public Health Law Section 2164(1). The Board, therefore, requires
that a physician's certificate or some other acceptable evidence of immunization be submitted for all
children entering and presently attending school.
The Board directs the administration not to permit any child lacking evidence of immunization to
remain in school for more than ten (10) school days, or twenty (20) school days for an out-of-state
transferee who can show an effort to obtain the necessary evidence or certification. The administration
should notify the local health authority of the name and address of the child, as well as to provide the
person in parental relation to the child who has been denied admission or attendance a statement of
his/her duty regarding immunization and a consent form prescribed by the Commissioner of Health.
The school shall cooperate with the local health authorities to provide a time and place for the
immunization of children lacking same.
The only exceptions to this policy are as follows:
a)
If a child whose parent, parents, or guardian hold genuine and sincere religious beliefs
which are contrary to the practices required, no certificate shall be required as a
prerequisite to such child being admitted or received into school or attending school;
b)
If a physician will certify that administering a vaccine to a particular child is detrimental to
the child's health, the requirement may be waived by the Board.
A student denied entrance or attendance due to failure of meeting health immunization standards
may appeal to the Commissioner of Education.
* Applicable only to Pre-K, Nursery and Day Care.
**Shall apply to children born on or after January 1, 1993, beginning with their enrollment in any
public, private or parochial kindergarten, elementary, intermediate or secondary school, and to
children born on or after January 1, 1995, beginning with their enrollment in any school, as defined in
Public Health Law Section 2164(1)(a). Also, on or after September 1, 2000, all children are to be
immunized against hepatitis B prior to enrollment in the seventh grade in any public, private or
parochial intermediate or middle school.
Public Health Law Section 2164
Education Law Section 914
Adopted: 9/9/03
2003
7512
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SUBJECT:
STUDENT PHYSICALS
Health Examination
Each student enrolled in District schools must have a satisfactory health examination conducted
by the student's physician, physician assistant or nurse practitioner within twelve (12) months prior to
the commencement of the school year of:
a)
The student's entrance in a District school at any grade level;
b)
Entrance to pre-kindergarten or kindergarten;
c)
Entry into the 2nd, 4th, 7th and 10th grades.
The District may also require an examination and health history of a student when it is
determined by the District that it would promote the educational interests of the student.
In addition, the District requires a certificate of physical fitness for:
a)
All athletes prior to their first sport of the school year, then only those who were injured or
ill during their first sport before participating in a second sport during the school year;
b)
All students who need work permits.; and
c)
All students either suspected of or sustaining a mild traumatic brain injury (concussion)
must receive a written and signed authorization from a licensed physician before returning
to athletic activities in school.
Health Certificate
Each student must submit a health certificate attesting to the health examination within thirty
(30) days after his or her entrance into school and within thirty (30) days after his or her entry into the
2nd, 4th, 7th and 10th grades. The health certificate shall be filed in the student's cumulative record.
The health certificate must:
a)
Describe the condition of the student when the examination was given;
b)
State the results of any test conducted on the student for sickle cell anemia;
c)
State whether the student is in a fit condition of health to permit his/her attendance at
public school and, where applicable, whether the student has defective sight or hearing, or
any other physical disability which may tend to prevent the student from receiving the full
benefit of school work or from receiving the best educational results, or which may require
a modification of such work to prevent injury to the student;
(Continued)
2003
7512
2 of 4
Students
SUBJECT:
STUDENT PHYSICALS (Cont'd.)
d)
Include a calculation of the student's body mass index (BMI) and weight status category.
BMI is computed as the weight in kilograms divided by the square of height in meters or
the weight in pounds divided by the square of height in inches multiplied by a conversion
factor of 703. Weight status categories for children and adolescents shall be defined by the
Commissioner of Health. BMI collection is mandatory, effective September 2008.
Reporting is random, with districts chosen by the NYS Department of Health. Selected
districts must report BMI results on-line using DOH's Health Provider Network (HPN), a
secure website;
e)
Be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is
authorized by law to practice in New York State consistent with any applicable written
practice agreement; or authorized to practice in the jurisdiction in which the examination
was given, provided that the Commissioner of Health has determined that such jurisdiction
has standards of licensure and practice comparable to those of New York. A certificate
signed by a chiropractor is not acceptable except for a scoliosis evaluation.
Dental Certificate
The dental certificate law became effective on September 1, 2008. This law applies to new
entrants in PreK, K, Grades 2, 4, 7 and 10. In accordance with this law, a notice of request for a dental
health certificate shall be distributed at the same time that the parent/person in parental relation is
notified of health examination requirements, such certificate to be furnished at the same time the
health certificate is required. At this time, students will be permitted to attend school regardless of
whether or not they have a dental certificate.
The dental certificate shall be signed by a duly licensed dentist authorized by law to practice in
New York State or one who is authorized to practice in the jurisdiction in which the examination was
performed, provided that the Commissioner has determined that the jurisdiction has standards of
licensure and practice comparable to New York State. The certificate shall describe the dental health
condition of the student upon examination, which shall not be more than twelve (12) months prior to
the commencement of the school year in which the examination is requested, and shall state whether
the student is in fit condition of dental health to permit his/her attendance at the public schools.
Requests are not to be retroactive (i.e., any physical requested prior to September 1, 2008 does
not need to have an additional notice sent requesting the dental certificate). Requests are not required
when the student or parent/person in parental relation objects on the grounds of conflict with their
genuine and sincere religious beliefs. Within thirty (30) days following the student's entrance in the
school or grade, the certificate, if obtained, shall be filed in the student's cumulative health record.
(Continued)
2003
7512
3 of 4
Students
SUBJECT:
STUDENT PHYSICALS (Cont'd.)
Examination by Health Appraisal
The Principal or the Principal's designee will send a notice to the parents of, or person in parental
relation to, any student who does not present a health certificate, that if the required health certificate
is not furnished within thirty (30) days from the date of such notice, an examination by health
appraisal will be made of such student by the Director of School Health Services.
The Director of School Health Services shall cause such students to be separately and carefully
examined and tested to ascertain whether any such student has defective sight or hearing, or any other
physical disability which may tend to prevent the student from receiving the full benefit of school
work or from receiving the best educational results, or which may require a modification of such work
to prevent injury to the student.
The physician, physician assistant or nurse practitioner administering such examination shall
determine whether a one-time test for sickle cell anemia is necessary or desirable and, if so
determined, shall conduct such test and include the results in the health certificate.
Unless otherwise prohibited by law, if it is ascertained that any students have defective sight or
hearing, or a physical disability or other condition, including sickle cell anemia which may require
professional attention with regard to health, the Principal or Principal's designee shall notify, in
writing, the student's parents or persons in parental relation as to the existence of such disability. If the
parents or persons in parental relation are unable or unwilling to provide the necessary relief and
treatment for such students, such fact shall be reported by the Principal or Principal's designee to the
Director of School Health Services, who then has the duty to provide relief for such students.
Health Screenings
The District will provide:
a)
Scoliosis screening at least once each school year for all students in grades 5 through 9.
The positive results of any such screening examinations for the presence of scoliosis shall
be provided in writing to the student's parent or person in parental relation within ninety
(90) days after such finding;
b)
Vision screening to all students who enroll in school including at a minimum color
perception, distance acuity, and near vision within six (6) months of admission to the
school. In addition, all students shall be screened for distance acuity in grades
Kindergarten, 1, 2, 3, 5, 7 and 10 and at any other time deemed necessary. Abnormal
results will be provided in writing to the student’s parent(s) and/or guardian(s) and to any
teacher of the student. The vision report will be kept in a permanent file of the school for
at least as long as the minimum retention period for such records;
(Continued)
2003
7512
4 of 4
Students
SUBJECT:
c)
STUDENT PHYSICALS (Cont'd.)
Hearing screening to all students within six (6) months of admission to the school and in
grades Kindergarten, 1, 3, 5, 7 and 10, as well as at any other time deemed necessary.
Screening shall include, but not be limited to, pure tone and threshold air conduction
screening. Abnormal results will be provided in writing to the student’s parent(s) and/or
guardian(s) and to any teacher of the student.
The results of all health screenings (dental, hearing, vision and scoliosis) shall be recorded on
appropriate forms signed by the health professional making the examination, include appropriate
recommendations, and be kept on file in the school. The health records of individual students will be
kept confidential in accordance with the federal Family Educational Rights and Privacy Act (FERPA)
and any other applicable federal and State laws.
Accommodation for Religious Beliefs
No health examinations, health history, examinations for health appraisal, screening
examinations for sickle cell anemia and/or other health screenings shall be required where a student or
the parent or person in parental relation to such student objects thereto on the grounds that such
examinations, health history and/or screenings conflict with their genuine and sincere religious beliefs.
A written and signed statement from the student or the student's parent or person in parental relation
that such person holds such beliefs shall be submitted to the Principal or Principal's designee, in which
case the Principal or Principal's designee may require supporting documents.
Homeless Students
For homeless children, the enrolling school must immediately refer the parent or guardian of the
student to the District's homeless liaison, who must assist them in obtaining the necessary medical
records.
Family Educational Rights and Privacy Act of 1974 (FERPA)
20 USC Section 1232(g)
Education Law Sections 901-905, 912 and 3217
8 NYCRR Parts 135 and 136
NOTE:
Refer also to Policies #5690 -- Exposure Control Program
#5691 -- Communicable Diseases
#5692 -- Human Immunodeficiency Virus (HIV) Related Illnesses
#7121 -- Diagnostic Screening of Students
#7131 -- Education of Homeless Children and Youth
#7511 -- Immunization of Students
#7522 -- Concussion Management
Adopted: 9/09/2003
Amended: 6/14/2011
Amended: 1/08/2013
2003
7513
1 of 2
Students
SUBJECT:
ADMINISTRATION OF MEDICATION
Under certain circumstances, when it is necessary for a student to take medication (prescription and
non-prescription) during school hours, the school's registered professional nurse may administer the
medication if the parent or person in parental relation submits a written request accompanied by a
written request from a physician indicating the frequency and dosage of prescribed medication. The
parent or person in parental relation must assume responsibility to have the medication delivered
directly to the Health Office in a properly labeled original container.
All medication orders (prescription and non-prescription) must be reviewed annually or when there is
a change in dosage.
Procedures for receipt, storage and disposal of medications as well as procedures for taking
medications off school grounds or after school hours while participating in a school-sponsored activity
will be in accordance with State Education Department Guidelines.
If a medication regimen is changed or discontinued, or there is medication left at the end of
the school year, the medication must be returned to the parent or be properly disposed.
Parents should be notified of options such as:
1)
2)
Disposal of medication as per acceptable procedures in the presence of a witness; or
Parent/responsible designee picking up medication from Health Office.
Emergency Medication
The administration of emergency medication (injectable, including "epi-pens," and/or oral) to a
student for extreme hypersensitivity may be performed by a school staff member responding to an
emergency situation when such use has been prescribed by a licensed prescriber. However, a
registered professional nurse/nurse practitioner/physician/physician's assistant must have trained the
staff member to administer the emergency medication for that particular emergency situation (e.g.,
"epi-pen") and given him/her approval to assist the student in the event of an emergency anaphylactic
reaction. Such a response would fall under the Good Samaritan exemption for rendering emergency
care during a life threatening situation.
Use of Inhalers in Schools
In accordance with law, the School District must permit students who have been diagnosed by a
physician or other duly authorized health care provider as having a severe asthmatic condition to carry
and use a prescribed inhaler during the school day. Prior to permitting such use, the School Health
Office must receive the written permission of the prescribing physician or other duly authorized health
care provider, and parental consent, based on such physician's or provider's determination that the
student is subject to sudden asthmatic attacks severe enough to debilitate that student. In addition,
(Continued)
2003
7513
2 of 2
Students
SUBJECT:
ADMINISTRATION OF MEDICATION (Cont'd.)
upon the written request of a parent or person in parental relation, the Board shall allow such pupils to
maintain an extra inhaler in the care and custody of the school's registered professional nurse
employed by the District. However, the law does not require the District to retain a school nurse solely
for the purpose of taking custody of a spare inhaler, or require that a school nurse be available at all
times in a school building for such purpose.
A record of such physician or health care provider/parental permission shall be maintained in the
school health office.
Health Office personnel will maintain regular parental contact in order to monitor the effectiveness of
such self-medication procedures and to clarify parental responsibility as to the daily monitoring of
their child to ensure that the medication is being utilized in accordance with the physician's or
provider's instructions. Additionally, the student will be required to report to the Health Office on a
periodic basis as determined by Health Office personnel so as to maintain an ongoing evaluation of the
student's management of such self-medication techniques, and to work cooperatively with the parents
and the student regarding such self-care management.
Students who self-administer medication without proper authorization, under any circumstances, will
be referred for counseling by school nursing personnel. Additionally, school administration and
parents will be notified of such unauthorized use of medication by the student, and school
administration may also be involved in determining the proper resolution of such student behavior.
Education Law Sections 902(b), 916, 6527(4)(a) and 6908(1)(a)(iv)
Public Health Law Section 3000-a
Adopted: 9/9/2003
Amended: 8/12/2008
Adopted: 8/26/2008
2003
7514
Students
SUBJECT:
HEALTH RECORDS
The school shall keep a convenient, accurate, and up-to-date health record of every student.
Insofar as the health records include confidential disclosures or findings, they shall be kept
confidential. Individual records may be interpreted by the nurse to administrators, teachers, and
counselors, consistent with law.
8 New York Code of Rules and Regulations
(NYCRR) Part 136
Adopted: 9/9/03
2008
7515
Students
SUBJECT: ANAPHYLAXIS
Students come to school with diverse medical conditions; some serious and even life threatening: that can
impact their learning and their health. For example, exposure to an allergen can create an emergency
situation where the student faces life-threatening anaphylaxis within moments. Allergens include but are
not limited to foods, latex, medication and insect stings.
Anaphylaxis can affect almost any part of the body and cause various symptoms. The most dangerous
symptoms include breathing difficulties and a drop in blood pressure or shock, which are potentially fatal.
Treatment of anaphylaxis is centered on treating the rapidly progressing effects of the histamine release in
the body with epinephrine and or antihistamines.
Importance of Prevention
-
Protecting a student from exposure to offending allergens is the most important way to
prevent life-threatening anaphylaxis
A comprehensive plan in place as set forth by State Education Department guidelines is
essential
Identification of school teams throughout the district to include:
o Administrators
o School and clerk
o School medical director
o Teachers
o Food service personnel
o Coaches, athletic directors, volunteers
o Transportation
Action steps for Anaphylaxis Management
-
-
Providing necessary precautions and general training for staff
Training by licensed medical personnel for all adults in a supervisory role in the
recognition and emergency management of a specific medical conditions for specific
students
Creating emergency care plans, Individual Health Care Plans, 504s or IEPs as indicated
Having standing emergency medical protocols for nursing staff
Maintaining stock supplies of life saving emergency medications.
Following specific legal documents daily executed in accordance with the laws of NYS
Allowing of self directed students to carry life saving medications
Assuring appropriate reasonable building accommodations are in place within a reasonable
degree of medical certainty.
Adopted: 10/14/2008
2003
7520
Students
SUBJECT:
ACCIDENTS AND MEDICAL EMERGENCIES
Procedures shall be established and maintained by the Superintendent for the handling of student
injuries and medical emergencies that occur on school property and during school activities.
Student Emergency Treatment
All staff members of the School District are responsible to obtain first aid care of students who
are injured or become ill while under school supervision.
In most instances first aid should be rendered, and then the parent should be contacted to come to
school and transport the student to the family physician. Beyond first aid, the medical care of the
student is the parent's responsibility. However, the student's welfare is always the primary concern,
and it is the responsibility of school personnel to exercise good judgment and care under all
circumstances.
The Board of Education encourages all staff members to become qualified to give emergency
treatment through instruction in first aid and Cardiopulmonary Resuscitation (CPR).
Transporting an Ill or Injured Student
In the event of an illness or injury to a student, an ambulance may be called if warranted.
Insurance
The Board of Education shall approve provisions for all students to be covered by group
insurance.
Such student accident insurance policies are to be a co-insurance with family coverage(s) as
primary.
Education Law Sections 1604(7-a, b) and 1709(8-a, b)
Adopted: 10/14/03
2012
7522
1of 3
Students
SUBJECT:
CONCUSSION MANAGEMENT
The Board of Education recognizes that concussions and head injuries are the most commonly
reported injuries in children and adolescents who participate in sports and recreational activities. The
physical and mental well-being of our students is a primary concern. Therefore, the School District
adopts the following Policy to support the proper evaluation and management of concussion injuries.
A concussion is a mild traumatic brain injury (MTBI). A concussion occurs when normal brain
functioning is disrupted by a blow or jolt to the head or body that causes the head and brain to move
rapidly back and forth. Recovery from concussion and its symptoms will vary. Avoiding re-injury and
over-exertion until fully recovered are the cornerstones of proper concussion management.
Concussions can impact a student's academics as well as their athletic pursuits.
Concussion Management Team (CMT)
In accordance with the Concussion Management and Awareness Act, the School District is
authorized, at its discretion, to establish a Concussion Management Team (CMT) which may be
composed of the certified athletic director, a school nurse, the school physician, a coach of an
interscholastic team, a certified athletic trainer or such other appropriate personnel as designated by
the School District. The Concussion Management Team shall oversee and implement the School
District's concussion policy and regulations, including the requirement that all school coaches,
physical education teachers, nurses and certified athletic trainers who work with and/or provide
instruction to pupils engaged in school-sponsored athletic activities complete training relating to mild
traumatic brain injuries. Furthermore, every concussion management team may establish and
implement a program which provides information on mild traumatic brain injuries to parents and
persons in parental relation throughout each school year.
Staff Training/Course of Instruction
Each school coach, physical education teacher, school nurse and certified athletic trainer who
works with and/or provides instruction to students in school-sponsored athletic activities (including
physical education class and recess) shall complete a course of instruction every two (2) years relating
to recognizing the symptoms of concussions or MTBIs and monitoring and seeking proper medical
treatment for students who suffer from a concussion or MTBI.
Components of the training will include:
a)
The definition of MTBI;
b)
Signs and symptoms of MTBI;
(Continued)
2012
7522
2 of 3
Students
SUBJECT:
CONCUSSION MANAGEMENT (Cont'd.)
c)
How MTBIs may occur;
d)
Practices regarding prevention; and
e)
Guidelines for the return to school and school activities for a student who has suffered an
MTBI, even if the injury occurred outside of school.
The course can be completed by means of instruction approved by SED which include, but are
not limited to, courses provided online and by teleconference.
Information to Parents
The District shall include the following information on concussion in any permission or consent
form or similar document that may be required from a parent/person in parental relation for a student's
participation in interscholastic sports. Information will include:
a)
The definition of MTBI;
b)
Signs and symptoms of MTBI;
c)
How MTBIs may occur;
d)
Practices regarding prevention; and
e)
Guidelines for the return to school and school activities for a student who has suffered an
MTBI, even if the injury occurred outside of school.
The District will provide a link on its website, if one exists, to the above list of information on
the State Education Department's and Department of Health's websites.
Identification of Concussion and Removal from Athletic Activities
The District shall require the immediate removal from all athletic activities of any student who
has sustained, or is believed to have sustained, a mild traumatic brain injury (MTBI) or concussion.
Any student demonstrating signs, symptoms or behaviors consistent with a concussion while
participating in a class, extracurricular activity, or interscholastic athletic activity shall be removed
from the class, game or activity and must be evaluated as soon as possible by an appropriate health
care professional. Such removal must occur based on display of symptoms regardless of whether such
injury occurred inside or outside of school. If there is any doubt as to whether the student has
(Continued)
2012
7522
3 of 3
Students
SUBJECT:
CONCUSSION MANAGEMENT (Cont'd.)
sustained a concussion, it shall be presumed that the student has been injured until proven otherwise.
The District shall notify the student's parents or guardians and recommend appropriate evaluation and
monitoring.
The School District may choose to allow credentialed District staff to use validated
Neurocognitive computerized testing as a concussion assessment tool to obtain baseline and postconcussion performance data. These tools are not a replacement for a medical evaluation to diagnose
and treat a concussion.
Return to School Activities and Athletics
The student shall not return to physical activity (including athletics, physical education class and
recess) until he/she has been symptom-free for not less than twenty-four (24) hours, and has been
evaluated and received written authorization from a licensed physician. In accordance with
Commissioner's Regulations, the School District's Medical Director will give final clearance on a
return to activity for extra-class athletics. All such authorizations shall be kept on file in the student's
permanent health record. The standards for return to athletic activity will also apply to injuries that
occur outside of school. School staff should be aware that students may exhibit concussion symptoms
caused by injuries from outside activities and that these visible symptoms also indicate a removal from
play.
The District shall follow any directives issued by the student's treating physician with regard to
limitations and restrictions on school and athletic activities for the student. The District's Medical
Director may also formulate a standard protocol for treatment of students with concussions during the
school day.
In accordance with NYSED guidelines, this Policy shall be reviewed periodically and updated as
necessary in accordance with New York State Education Department guidelines. The Superintendent,
in consultation with the District's Medical Director and other appropriate staff, may develop
regulations and protocols for strategies to prevent concussions, the identification of concussions, and
procedures for removal from and return to activities or academics.
Education Law Sections 207; 305(42), and 2854
8 NYCRR 135.4 and 136.5
Guidelines for Concussion Management in the School Setting, SED Guidance Document, June 2012
Adopted: 9/25/2012
2003
7530
1 of 2
Students
SUBJECT:
CHILD ABUSE AND NEGLECT/MALTREATMENT
The School District subscribes to all of the provisions of Title 6 – Child Protective Services of
the Social Services Law Sections 411-428. Our purpose is to provide protective services to abused and
neglected/maltreated children as described by the law, and to make all school personnel within the
District aware of our legal responsibilities under this law.
Procedures shall be developed, maintained and disseminated by administration regarding the:
a)
Mandatory reporting of suspected child abuse or neglect/maltreatment;
b)
Reporting procedures and obligations of persons required to report;
c)
Provisions for taking a child into protective custody;
d)
Mandatory reporting of deaths;
e)
Immunity from liability and penalties for failure to report;
f)
Obligations for provision of services and procedures necessary to safeguard the life of a
child; and
g)
Provision of information in recognizing signs of unlawful methamphetamine laboratories
for all current and new school officials (i.e., “mandated reporters”) who, as part of their
usual responsibilities, visit children’s homes.
Additionally, an ongoing training program for all current and new school officials shall be
established and implemented to enable such staff to carry out their reporting responsibilities.
School Officials Required to Report
The definition of a “school official” who is mandated to report cases of child abuse or
neglect/maltreatment to the State Central Register (SCR) pursuant to Social Services Law Section
413(1) includes, but is not limited to, school teachers, school guidance counselors, school
psychologists, school social workers, school nurses, school administrators or other school personnel
required to hold a teaching or administrative license or certificate.
All mandated reporters shall make the report themselves and then immediately notify the
Building Principal or his/her designee. The Building Principal or his/her designee shall be responsible
for all subsequent administration necessitated by the report.
Any report shall include the name, title and contact information for every staff member who is
believed to have direct knowledge of the allegations in the report.
(Continued)
2003
7530
2 of 2
Students
SUBJECT:
CHILD ABUSE AND NEGLECT/MALTREATMENT (Cont'd.)
Prohibition of Retaliatory Personnel Action
Social Services Law Section 413(1) also prohibits a school from taking any retaliatory personnel
action against an employee because such employee believes that he/she has reasonable cause to
suspect that a child is an abused or neglected/ maltreated child and that employee makes a report to
SCR pursuant to Social Services Law. Further, no school or school official shall impose any
conditions, including prior approval or prior notification, upon any staff member specifically
designated a mandated reporter.
Pursuant to Labor Law Section 740(1)(e), "retaliatory personnel action" means the discharge,
suspension or demotion of an employee, or other adverse employment action taken against an
employee in the terms and conditions of employment.
Report Form
The Revised May 2007 New York State Office of Children and Family Services "Report of
Suspected Child Abuse or Maltreatment" Form LDSS-2221A may be accessed at:
http://www.ocfs.state.ny.us/main/cps/
Education Law Section 3209-a
Family Court Act Section 1012
Labor Law Section 740(1)(e)
Social Services Law Sections 411-428
Approved:
Amended:
10/14/2003
1/08/2008
2003
7540
Students
SUBJECT:
SUICIDE
According to national statistics, suicide is the third leading cause of death among young people.
It is the policy of the Board to enact clear guidelines for prevention, intervention and post-intervention
of suicide, reflecting the District's concern for this serious mental health issue.
The Board recognizes the need for suicide prevention and will instruct the Superintendent to
establish a District crisis intervention team whose responsibility will be to develop a suicide response
plan. This plan will be integrated into the existing school safety plan. The plan will include education
and awareness of risk factors for youth suicide, procedures for intervening if a student exhibits risk
factors, including referral services, and a post intervention plan to help the school and community
cope with the aftermath of such a tragic event should it occur.
Suicide prevention will be incorporated into the curriculum to educate students. This will be
done in a manner so as not to sensationalize the matter, but to provide students with information and
resources on this important mental health issue. The District will also foster interagency cooperation
that will enable staff to identify and access appropriate community resources to aid students in times
of crisis.
The administration is responsible for informing staff of regulations and procedures of suicide
prevention, intervention and post-intervention that have been developed by the District. The District
will actively respond to any situation where a student verbally or behaviorally indicates intent to
attempt suicide or to do physical harm to himself/herself. Staff training and professional development
on suicide and crisis intervention will be made available.
NOTE:
Adopted:
Amended:
Refer also to Policies: #3410 -- Anti-Harassment in the School District
#5681 -- School Safety Plans
#7380 -- Bullying: Peer Abuse in the Schools
#7370 -- Hazing of Students
10/14/2003
6/26/2012
2003
7550
1 of 2
Students
SUBJECT:
COMPLAINTS AND GRIEVANCES BY STUDENTS
While students have the responsibility to abide by the policies and regulations of the District,
they shall also be afforded opportunity to present complaints and grievances free from interference,
coercion, restraint, discrimination or reprisal. Administration shall be responsible for:
a)
Establishing rules and regulations for the redress of complaints or grievances through
proper administration channels, including the use of the Complaint/Response Procedure;
b)
Developing an appeals process;
c)
Ensuring that students have full understanding and access to these regulations and
procedure; and
d)
Providing prompt consideration and determination of student complaints and grievances.
Where complaints remain unresolved, students may use the Complaint/Response
Procedure. (see Regulation #7550R)
Complaints and Grievances Coordinator
In addition, students and parents/guardians will receive annual notification of the District's
established grievance procedures for resolving complaints of discrimination based on sex, sexual
orientation or disability. This notice shall include the name, address and telephone number of the Title
IX/Section 504/ADA Coordinator.
The Title IX/Section 504/ADA Coordinator shall also be responsible for handling complaints
and grievances regarding discrimination based on race, color, creed, religion, national origin, political
affiliation, age or marital status.
Title VII of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000-e, et seq.
Prohibits discrimination on the basis of race, color,
religion, sex or national origin.
Title VI of the Civil Rights Act of 1964,
42 United States Code (USC) Section 2000-d, et seq.
Prohibits discrimination on the basis of race, color or
national origin.
(Continued)
2003
7550
2 of 2
Students
SUBJECT:
COMPLAINTS AND GRIEVANCES BY STUDENTS (Cont'd.)
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
The Americans With Disabilities Act,
42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Title IX of the Education Amendments of 1972,
20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
New York State Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed,
color, national origin, sex, disability or marital status.
Age Discrimination in Employment Act,
29 United States Code Section 621.
NOTE:
Refer also to Policy #3420 -- Anti-Harassment in the School District
Adopted: 9/9/03
2003
7551
1 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS
The Board of Education affirms its commitment to non-discrimination and recognizes its
responsibility to provide for all District students an environment that is free of sexual harassment,
including sexual violence. Sexual harassment including sexual violence is a violation of law and
stands in direct opposition to District policy. Therefore, the Board prohibits and condemns all forms of
sexual harassment by employees, school volunteers, students, and non-employees such as contractors
and vendors which occur on school grounds and at all school-sponsored events, programs and
activities including those that take place on a school bus at locations off school premises or those that
take place in another state. Since sexual violence is a form of sexual harassment, the term, "sexual
harassment" in this policy will implicitly include sexual violence even if it is not explicitly stated.
Sexual Harassment
Generally, sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct or communication of a sexual nature when:
a)
Submission to or rejection of such sexually harassing conduct and/or communication by a
student affects decisions regarding any aspect of the student's education, including
participation in school-sponsored activities;
b)
Conditions exist within the school environment that allow or foster obscene pictures, lewd
jokes, sexual advances, requests for sexual favors or other harassing activities of a sexual
nature; and
c)
Such conduct and/or communication has the purpose or effect of substantially or
unreasonably interfering with a student's academic performance or participation in an
educational or extracurricular activity, or creating an intimidating, hostile or offensive
learning environment; and/or effectively bars the student's access to an educational
opportunity or benefit.
Sexual Violence
Sexual violence is defined by New York Penal Law as physical sexual acts perpetrated against a
person's will or where a person is incapable of giving consent. Sexual violence includes but is not
limited to acts such as:
a)
Rape;
b)
Sexual assault;
c)
Sexual battery;
d)
Sexual coercion.
(Continued)
2003
7551
2 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
A person may be unable to consent to a sexual act due to his/her age, use of drugs or alcohol or
due to intellectual or other disability. In order to encourage victims of sexual violence to come
forward, a District must inform students that the District's primary concern is with their safety. The
school should assure victims that any broken rules or violations made by them will be addressed
separately from the sexual harassment allegation. For example, victims need to know that their use of
alcohol or drugs never makes them at fault for sexual violence.
The Board acknowledges that in determining whether sexual harassment has occurred the totality
of the circumstances, expectations, and relationships should be evaluated including, but not limited to,
the ages of the offender and the victim; the number of individuals involved; and the type, frequency
and duration of the conduct. A single incident of sexual harassment may be sufficiently severe to
create a hostile environment in the school and a student may experience the continuing effects from
off- campus sexual harassment when in the school setting. The Board recognizes that sexual
harassment can originate from a person of either sex against a person of the opposite or same sex, and
from a third party such as a school visitor, volunteer, or vendor, or any other individual associated
with the School District. Sexual harassment may occur from student-to-student, from staff-to-student,
from student-to-staff, as well as staff-to-staff. The District will designate, at a minimum, two (2)
Compliance Officers, one (1) of each gender.
In order for the Board to enforce this policy, and to take corrective measures as may be
necessary, it is essential that any student who believes he/she has been a victim of sexual harassment,
as well as any other person who is aware of and/or who has knowledge of or witnesses any possible
occurrence of sexual harassment, should immediately report such alleged harassment. Such report
shall be directed to or forwarded to the District's designated Compliance Officers through informal
and/or formal complaint procedures as developed by the District. Such complaints are recommended
to be in writing, although verbal complaints of alleged sexual harassment will also be promptly
investigated in accordance with the terms of this policy. In the event that the Compliance Officer is the
alleged offender, the report will be directed to the next level of supervisory authority.
Upon receipt of an informal/formal complaint (even an anonymous complaint), the District will
conduct a prompt, equitable, and thorough investigation of the charges. However, even in the absence
of a complaint, if the District has knowledge of or has reason to know of or suspect any occurrence of
sexual harassment, the District will investigate such conduct promptly, equitably, and thoroughly. To
the extent possible, within legal constraints, all complaints will be treated as confidentially and
privately as possible. However, disclosure may be necessary to complete a thorough investigation of
the charges, and any disclosure will be provided on a "need to know" basis. The Superintendent will
inform the Board of Education of investigations involving findings of harassment.
(Continued)
2003
7551
3 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
Based upon the results of the investigation, if the District determines that an employee and/or
student has violated the terms of this policy and/or accompanying regulations, immediate corrective
action will be taken as warranted. Should the offending individual be a student, appropriate
disciplinary measures will be applied, up to and including suspension, in accordance with District
policy and regulation, the Code of Conduct, and applicable laws and/or regulations. Should the
offending individual be a school employee, appropriate disciplinary measures will be applied, up to
and including termination of the offender's employment, in accordance with legal guidelines, District
policy and regulation, the Code of Conduct and the applicable collective bargaining agreement(s).
Third parties (such as school volunteers, vendors, etc.) who are found to have violated this policy
and/or accompanying regulations will be subject to appropriate sanctions as warranted and in
compliance with law.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of sexual harassment.
Follow-up inquiries shall be made to ensure that sexual harassment has not resumed and that all those
involved in the investigation of the sexual harassment complaint have not suffered retaliation.
Finding That Sexual Harassment Did Not Occur
At any level/stage of investigation of alleged harassment, if a determination is made that
harassment did not occur, the Compliance Officer will so notify the complainant, the alleged offender
and the Superintendent of this determination. Such a finding does not preclude the complainant from
filing an appeal pursuant to District policy or regulation and/or pursuing other legal avenues of
recourse.
However, even if a determination is made that harassment did not occur, the
Superintendent/designee reserves the right to initiate staff awareness and training, as applicable, to
help ensure that the school community is not conducive to fostering harassment in the workplace.
In all cases, the Superintendent will inform the Board of Education of the results of each
investigation involving a finding that sexual harassment did not occur.
Knowingly Makes False Accusations
Employees and/or students who knowingly make false accusations against another individual as
to allegations of harassment may also face appropriate disciplinary action.
(Continued)
2003
7551
4 of 4
Students
SUBJECT:
SEXUAL HARASSMENT OF STUDENTS (Cont'd.)
Privacy Rights
As part of the investigation, the District has the right to search all school property and equipment
including District computers. Although rooms, desks, cabinets, lockers, computers, etc. are provided
by the District for the use of staff and students, the users do not have exclusive use of these locations
or equipment and should not expect that materials stored therein will be private.
Development and Dissemination of Administrative Regulations
Regulations will be developed for reporting, investigating and remedying allegations of sexual
harassment. An appeal procedure will also be provided to address any unresolved complaints and/or
unsatisfactory prior determinations by the applicable Compliance Officer(s).
Such regulations will be developed in accordance with federal and state law as well as any
applicable collective bargaining agreement(s).
The Superintendent/designee(s) will affirmatively discuss the topic of sexual harassment with all
employees and students, express the District's condemnation of such conduct, and explain the
sanctions for such harassment. Appropriate training and/or "awareness" programs will be established
for staff and students to help ensure knowledge of and familiarity with the issues pertaining to sexual
harassment in the schools, and to disseminate preventative measures to help reduce such incidents of
prohibited conduct. Furthermore, special training will be provided for designated supervisors and
managerial employees, as may be necessary, for training in the investigation of sexual harassment
complaints.
A copy of this policy and its accompanying regulations will be available upon request and may
be posted at various locations in each school building. The District's policy and regulations on sexual
harassment will be published in appropriate school publications such as teacher/employee handbooks,
student handbooks, and/or school calendars.
Civil Rights Act of 1991, 42 United States Code (USC) Section 1981(a)
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
34 Code of Federal Regulations (CFR) Section 100 et seq.
29 Code of Federal Regulations (CFR) Section 1604.11(a)
Civil Service Law Section 75-B
Education Law Section 2801(1)
Executive Law Sections 296 and 297
Adopted:
Amended:
12/09/2003
6/26/2012
2003
7560
Students
SUBJECT:
NOTIFICATION OF SEX OFFENDERS
In accordance with the Sex Offender Registration Act ("Megan's Law"), the Board of Education
supports the New York State Department of Criminal Justice Services (DCJS) in its effort to inform
the community in certain circumstances of the presence of individuals with a history of sex offenses,
particularly against children, in the school locality. This policy is enacted in order to minimize the
possibility that the sex offender will come in contact with school-age children, and to assist law
enforcement agencies in preventing further criminal activity from occurring. Furthermore, the District
shall cooperate with local police authorities and the local community in promoting and protecting the
safety and well being of its students.
It is the policy of the Board of Education to disseminate all information which the District
receives from local police authorities in conjunction with Megan's Law to designated staff members
who might have possible contact with the offender during the course of their school duties including,
but not limited to, building principals, supervisors, teachers, office personnel, coaches, custodians, bus
drivers, and security personnel. The Superintendent reserves the right to automatically disseminate
such information to additional members of the staff, designated supervisors of non-school groups that
regularly use District facilities and have children in attendance, parents/guardians of District students,
and other community residents who, in the opinion of the Superintendent, have an immediate need to
be notified of such data in order to protect the safety of our students.
In order to comply with the restriction of sex offenders from school premises, the District shall
make absentee ballots available upon request to individuals listed as sex offenders.
All staff members shall be informed of the availability of the information received by the District
pursuant to Megan's Law upon written request to the applicable building principal/designee or
supervisor.
Staff members shall inform their immediate supervisor if they observe within the school
building, on school grounds, at school activities, or at or near bus routes any individual whose
description matches the information which was provided to the District by local law enforcement
authorities. Such law enforcement officials will be notified of this information by the District as
appropriate.
Information that is disseminated to the School District pursuant to Megan's Law may be
disclosed or not disclosed by the District in its discretion.
Any information which the School District receives regarding a sex offender from a source other
than the Sex Offender Registry, and which is maintained independent of the requirements of Megan's
Law, will be available from the District, upon written request, in accordance with the requirements of
the Freedom of Information Law.
Correction Law Article 6-C
Public Officers Law Section 84 et seq.
Adopted: 12/09/2003
Amended: 3/27/2007
2005
7570
1 of 3
STUDENTS
SUBJECT:
PARENTAL DELEGATION OF AUTHORITY TO CAREGIVER OF MINOR
CHILD
Parents may delegate authority to a caregiver for specified education and health care decisions
relating to their minor child. Specifically, this law allows a parent to authorize an adult person in
whose care a minor has been entrusted to:
a)
Consent to any health care developmental screening or mental health examination or
treatment, including immunization, to be rendered to such minor in accordance with law
for which the parent has authority to consent;
b)
Enroll the minor in health plans;
c)
Review school records of the minor child;
d)
Enroll the minor in a school;
e)
Consent to the minor's absence from school; and/or
f)
Consent to the participation of the minor in a school program or school-sponsored activity.
However, such parental authorization of designated powers to a caregiver is conditioned upon
there being no prior order of any court in any jurisdiction currently in effect that would prohibit the
parent from himself/herself exercising such authority; and provided further that, in the case where a
court has ordered that both parents must agree on education or health decisions regarding their child,
an authorization pursuant to this law shall not be valid unless both parents have given their consent.
An authorization conferred upon a caregiver pursuant to this law shall not be construed to satisfy
requirements governing residence for purposes of enrollment in a school as set forth in Education Law
Section 3202, unless such requirements have otherwise been fulfilled.
Authorization for a caregiver's consent shall be in writing and shall include:
a)
The name of the caregiver to whom authorization is given;
b)
The name of each minor with respect to whom such authorization is granted;
c)
The parent's or parents' signature(s) and the date of such signature(s).
(Continued)
2005
7570
2 of 3
STUDENTS
SUBJECT:
PARENTAL DELEGATION OF AUTHORITY TO CAREGIVER OF MINOR
CHILD (Cont'd.)
The authorization may specify a period of time less than a year for which such authorization
shall be valid unless earlier revoked by the parent as enumerated below. However, if no such time
period is specified, the authorization shall be valid until the earlier of revocation or one year from the
date the authorization was signed by the parent. The authorization may:
a)
Authorize any or all consents set forth above;
b)
Specify the treatment, diagnosis or activities for which consent is authorized; or
c)
Specify any treatment, diagnosis or activity for which consent is not authorized.
However, the decision of a caregiver to consent to or to refuse health care or mental health
diagnosis or treatment for a minor shall be superseded by a contravening decision of the custodial
parent of the minor.
No provision of this law shall be construed to require formal authorization to a caregiver as
provided within the statute where such authorization is not otherwise required by law, rule or
regulation.
Revocation of Authorization
Revocation by one parent shall be deemed effective and complete revocation of an authorization
pursuant to this law. A caregiver who receives notification from a parent of any such revocation shall
immediately notify any school, health care provider or health plan to which an authorization has been
presented. Failure by the caregiver to notify recipients of the revocation shall not make notification of
revocation by the parent ineffective.
Liability Provisions
A person who provides health care or mental health care or who permits enrollment or
participation in a government sponsored health plan, a school program or school-sponsored activity
upon a caretaker's consent, and who does so reasonably and in the good faith belief that the parent has
in fact authorized the caretaker to do so pursuant to the provisions of this law, may not be deemed to
have acted negligently, unreasonably or improperly in accepting and acting upon such authorization.
However, any such person may be deemed to have acted negligently, unreasonably or improperly if
he/she has knowledge of facts indicating that the authorization was never given, or did not extend to
the care or treatment given, or was revoked.
(Continued)
2005
7570
3 of 3
STUDENTS
SUBJECT:
PARENTAL DELEGATION OF AUTHORITY TO CAREGIVER OF MINOR
CHILD (Cont'd.)
Pursuant to law, the above provision (i.e., actions not deemed negligent, unreasonable or
improper) shall apply even if health care or mental health care is provided to a minor or consent is
given to enrollment or participation in a school program or school-sponsored activity in contravention
of the wishes of the parent except where the health care provider, health plan official or school official
has knowledge of facts indicating that the authorization was not given, or did not extend to the care or
treatment in issue, or was revoked.
However, General Obligations Law Section 5-1801 does not alter any liability that would
otherwise exist in the absence of this law, if a health care provider provides care that was not
medically warranted even with legal consent, or fails to provide care that should have been provided,
or provides care in a negligent or unacceptable manner.
General Obligations Law Section 5-1801
Education Law Section 3202
Adopted 6/28/2005
2012
7580
1 of 3
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS ACT
The Board of Education recognizes that learning environments that are safe and supportive can
increase student attendance and improve academic achievement. A student's ability to learn and
achieve high academic standards, and a school's ability to educate students, is compromised by
incidents of discrimination or harassment, including but not limited to bullying, taunting and
intimidation. Therefore, in accordance with the Dignity for All Students Act, Education Law, Article
2, the District will strive to create an environment free of bullying, discrimination and/or harassment
and will foster civility in the schools to prevent and prohibit conduct which is inconsistent with the
District's educational mission. Since cyberbullying is a form of bullying, the term "bullying" as used in
this policy will implicitly include cyberbullying even if it is not explicitly stated.
The District condemns and prohibits all forms of bullying, discrimination and/or harassment of
students based on actual or perceived race, color, weight, national origin, ethnic group, religion,
religious practice, disability, sexual orientation, gender, or sex by school employees or students on
school property and at school-sponsored activities and events that take place at locations off school
property. In addition, any act of bullying, discrimination and/or harassment, outside of school
sponsored events, which can reasonably be expected to materially and substantially disrupt the
education process may be subject to discipline.
Dignity Act Coordinator
At least one (1) employee at every school shall be designated as the Dignity Act Coordinator(s).
The Dignity Act Coordinator(s) will be thoroughly trained to handle human relations in the areas of
race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual
orientation, gender (identity or expression) and sex. The Board of Education shall appoint the Dignity
Act Coordinator(s) and share the name(s) and contact information with all school personnel, students,
and parents/persons in parental relation, which shall include, but is not limited to, providing the name,
designated school and contact information by:
a)
Listing such information in the Code of Conduct and updates posted on the Internet
website, if available;
b)
Including such information in the plain language summary of the Code of Conduct
provided to all persons in parental relation to students before the beginning of each school
year;
c)
Providing such information to parents and persons of parental relation in at least one
district or school mailing or other method of distribution including, but not limited to,
sending such information home with each student and, if such information changes, in at
least one subsequent district or school mailing or other such method of distribution as soon
as practicable thereafter;
(Continued)
2012
7580
2 of 3
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS ACT (Cont'd.)
d)
Posting such information in highly visible areas of school buildings;
e)
Making such information available at the district and school-level administrative offices.
If a Dignity Act Coordinator vacates his/her position, another school employee shall immediately
be designated for an interim appointment as Coordinator, pending approval from the Board of
Education, within thirty (30) days of the date the position was vacated. In the event a Coordinator is
unable to perform the duties of the position for an extended period of time, another school employee
shall immediately be designated for an interim appointment as Coordinator, pending return of the
previous Coordinator to the position.
Training and Awareness
Each District and Charter School shall establish guidelines for training which shall be approved
by the Board of Education. Training will be provided each school year for all District employees in
conjunction with existing professional development training to raise staff awareness and sensitivity of
bullying, discrimination and/or harassment directed at students that are committed by students or
school employees on school property or at a school function. Training will include ways to promote a
supportive school environment that is free from bullying, discrimination and/or harassment, emphasize
positive relationships, and demonstrate prevention and intervention techniques to assist employees in
recognizing and responding to bullying, discrimination and/or harassment, as well as ensuring the
safety of the victims.
Instruction in grades Kindergarten through 12 shall include a component on civility, citizenship
and character education. Such component shall instruct students on the principles of honesty,
tolerance, personal responsibility, respect for others, observance of laws and rules, courtesy, dignity
and other traits which will enhance the quality of their experiences in, and contributions to, the
community. For the purposes of this policy, "tolerance," "respect for others" and "dignity" shall
include awareness and sensitivity to bullying, discrimination and/or harassment and civility in the
relations of people of different races, weights, national origins, ethnic groups, religions, religious
practices, mental or physical abilities, sexual orientations, genders and sexes.
Rules against bullying, discrimination and/or harassment will be included in the Code of
Conduct, publicized District-wide and disseminated to all staff and parents. An age-appropriate
summary shall be distributed to all students at a school assembly at the beginning of each school year.
Reports and Investigations of Bullying, Discrimination and/or Harassment
The District will investigate all complaints of bullying, discrimination and/or harassment, either
formal or informal, and take prompt corrective measures, as necessary. Complaints will be
investigated in accordance with applicable policies and regulations. If, after an appropriate
investigation, the District finds that this policy has been violated, corrective action will be taken in
accordance with District policies and regulations, the Code of Conduct, and all appropriate federal or
state laws.
(Continued)
2012
7580
3 of 3
Students
SUBJECT:
DIGNITY FOR ALL STUDENTS ACT (Cont'd.)
The District will annually report material incidents of bullying, discrimination and/or harassment
which occurred during the school year to the State Education Department. Such report shall be
submitted in a manner prescribed by the Commissioner, on or before the basic educational data system
(BEDS) reporting deadline or such other date as determined by the Commissioner.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
Any person who has reasonable cause to suspect that a student has been subjected to bullying,
discrimination and/or harassment by an employee or student, on school grounds or at a school
function, who acts reasonably and in good faith and reports such information to school officials or law
enforcement authorities, shall have immunity from any civil liability that may arise from making such
report. The Board prohibits any retaliatory behavior directed at complainants, victims, witnesses
and/or any other individuals who participated in the investigation of a complaint of bullying,
discrimination and/or harassment.
Education Law Sections 10-18 and 801-a
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(jj), 100.2(kk), and 100.2(1)(2)
NOTE:
Refer also to Policies #1330 -- Appointments and Designations by the Board of Education
#3410 -- Code of Conduct on School Property
#3420 -- Non-Discrimination and Anti-Harassment in the School
District
#7551 -- Sexual Harassment of Students
#7552 -- Bullying in the Schools
#7553 -- Hazing of Students
#8242 -- Civility, Citizenship and Character Education/ Interpersonal
Violence Prevention Education
Adopted: 6/12/2012
Amended 11/13/2012
2003
7610
Students
SUBJECT:
SPECIAL EDUCATION: DISTRICT PLAN
A District plan shall be developed and updated every two (2) years describing the Special
Education program in the Auburn Enlarged City School District. The District plan shall include the
following:
a)
A description of the nature and scope of special education programs and services currently
available to students residing in the District, including but not limited to descriptions of the
District's resource room programs and each special class program provided by the District
in terms of group size and composition.
b)
Identification of the number and age span of students (school age and preschool) to be
served by type of disability and recommended setting.
c)
The method to be used to evaluate the extent to which the objectives of the program have
been achieved.
d)
A description of the policies and practices of the Board of Education to ensure the
allocation of appropriate space within the District for special education programs that meet
the needs of students and preschool children with disabilities.
e)
A description of the policies and practices of the Board of Education to ensure the
allocation of appropriate space will be continually available to meet the needs of resident
students and preschool students with disabilities who attend special education programs
provided by Boards of Cooperative Educational Services.
f)
A description of how the District intends to ensure that all instructional materials to be used
in the schools of the District will be made available in a usable alternative format for each
student with a disability at the same time as such instructional materials are available to
non-disabled students.
g)
The estimated budget to support such plan.
h)
The date on which such plan was adopted by the Board of Education.
i)
A description of how the District plan is consistent with the special education space
requirements plan for the region as developed by the Board of Cooperative Educational
Services.
The District plan, with personally identifiable student information deleted, shall be filed and
available for public inspection and review by the Commissioner.
8 New York Code of Rules and Regulations
(NYCRR) Part 155 and Section 200.2(c)
Adopted: 12/09/03
2003
7611
Students
SUBJECT:
CHILDREN WITH DISABILITIES
The Board of Education recognizes the existence of individual differences in the intellectual,
social, emotional and physical development of children attending school in the District. In
recognizing these differences the Board supports a system of services offered in the least restrictive
environment for children with disabilities which includes:
Education in regular classes with or without support services, education in a resource room,
education for part of the day in a special class, full time education in a special class, home instruction
and education in a residential setting.
Providing for the education of students with disabilities with non-disabled peers to the extent
appropriate.
a)
Consideration of the location of a school program(s) to a student's residence, before
placement into an educational program.
b)
Adoption of written policies and procedures ensuring that students with disabilities are
provided appropriate opportunities to earn a high school diploma in accordance with
Commissioner's Regulations.
c)
Allocation of appropriate space within the District for special education programs that meet
the needs of students with disabilities.
d)
Assurance that appropriate space will be available to meet the needs of resident students
with disabilities who attend special education programs provided by BOCES.
20 United States Code (USC) Sections 1400-1485,
Individuals with Disabilities Education Act (IDEA)
State Law - Education Law Sections 4401-4407
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.5, 100.9, 200.2(b)(3),
200.2(c)(2)(v), and 200.6(a)(1)
NOTE:
Refer also to Policy #7616 -- Least Restrictive Environment
Adopted 12/09/03
2003
7612
Students
SUBJECT:
GROUPING BY SIMILARITY OF NEEDS
The Board of Education will provide appropriate special education and related services to
students with disabilities. For those students for whom an appropriate education requires that they be
placed together for purposes of special education, the following guidelines shall apply:
a)
That each student with a disability shall be identified, evaluated and placed as determined
by the Committee on Special Education (CSE).
b)
The Committee shall determine written goals and corresponding short-term instructional
objectives for each student with a disability by considering the special and individual needs
of each student with a disability.
c)
The Committee shall recommend to the Board of Education appropriate educational
programs and services for each student with a disability based upon the CSE evaluation.
d)
The CSE shall provide information to those teachers and professionals who arrange
instructional groups for students with disabilities. Information shall include physical,
psychological and social information as well as achievement test results.
e)
The curriculum and instruction provided to students with disabilities who are grouped by
similarity of needs shall be consistent with the individual needs of each student in the
group.
f)
Students with disabilities may be grouped according to:
1.
2.
3.
4.
academic or educational achievement and learning characteristics;
social needs;
physical development; and
management needs.
g)
When grouping students by similarity of needs, the social needs or physical development of
a student shall not be the sole determinant for placement of a student in a special education
program.
h)
The management needs of such students may vary, provided that environmental
modifications, adaptations, or human or material resources required to meet the needs of
any one student in the group are provided and do not consistently detract from the
opportunities of other students in the group to benefit from instruction.
xxxxx8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(b)(3), 200.6(a)(3)
Adopted: 12/09/03
2003
7613
1 of 2
Students
SUBJECT:
THE ROLE OF THE BOARD OF EDUCATION IN IMPLEMENTING A
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM
Committee on Special Education
The Board of Education shall, upon completion of its review of the student's Individualized
Education Program (IEP), arrange for the appropriate special education programs and services to be
provided to a student with a disability as recommended by the Committee on Special Education
(CSE). The Board shall notify the parent/guardian of its action in accordance with federal and state
law and regulations.
For a student not previously identified as having a disability, the CSE shall provide a
recommendation to the Board which shall arrange for the appropriate special education programs and
services to be provided within 60 school days of the date of receipt of consent to evaluate. For a
student with a disability referred for review, a recommendation shall be provided to the Board which
shall arrange for the appropriate special education programs and services to be provided within 60
school days of the referral for review. However, if such recommendation of the CSE is for placement
in an approved in-state or out-of-state private school, the Board shall arrange for such special
education programs and services for students with disabilities within 30 days of the Board's receipt of
the recommendation of the CSE.
If on review of the recommendation of the CSE, the Board of Education disagrees with such
recommendation, the Board shall follow one of the following procedures:
a)
The Board may remand the recommendation to the CSE with a statement of the Board's
objections or concerns and a request that a timely meeting be held to review and consider
such objections or concerns. The CSE shall consider the Board's objections or concerns,
revise the IEP where appropriate, and resubmit a recommendation to the Board. If the
Board continues to disagree with the recommendation of the CSE, the Board may continue
to remand the recommendation to the original committee for additional reviews of its
objections or concerns, or establish a second CSE to develop a new recommendation in
accordance with the following paragraph, provided that the Board arranges for the
programs and services in accordance with the student's IEP within the timelines as outlined
above; or, in the alternative,
b)
The Board may establish a second CSE to develop a new recommendation for the student.
If the Board disagrees with such new recommendation, the Board may remand the
recommendation to the second CSE with a statement of the Board's objections or concerns
and a request that a timely meeting be held to review and consider such objections or
concerns. The second CSE shall consider the Board's objections or concerns, revise the IEP
where appropriate, and resubmit a recommendation to the Board. If the Board continues to
disagree with the recommendation of the second CSE, the Board may continue to remand
(Continued)
2003
7613
2 of 2
Students
SUBJECT:
THE ROLE OF THE BOARD OF EDUCATION IN IMPLEMENTING A
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM (Cont'd.)
the recommendation for additional reviews of its objections or concerns by the second CSE,
provided that the Board arranges for the programs and services in accordance with the student's
IEP, as developed by the second CSE, within the timelines as outlined above.
Pursuant to Commissioner's Regulations, the Board may not select the recommendation of the
original CSE once it has established a second CSE.
The Board shall provide the student's parents/guardians with a copy of the statement of its
objections or concerns and notice of due process rights in accordance with Section 200.5 of the
Regulations of the Commissioner.
Committee on Preschool Special Education
Upon receipt of the recommendation of the Committee on Preschool Special Education (CPSE),
the Board of Education shall arrange for the preschool student with a disability to receive such
appropriate programs and services in accordance with the student's IEP, commencing with the July,
September or January starting date for the approved program, unless such services are recommended
by the CPSE less than 30 school days prior to, or after, the appropriate starting date selected for the
preschool student with a disability; in that case, such services shall be provided no later than 30 days
from the recommendation of the CPSE.
If the Board disagrees with the recommendation of the CPSE, the Board shall send the
recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the
Board's concerns and to revise the IEP as deemed appropriate. The Board of Education shall provide
such notice as required by federal and state law and regulations.
Education Law Sections 4402 and 4410
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(d)(1), 200.4(c),
200.4(d), 200.5 and 200.16(e)
Adopted: 12/09/03
2003
7614
Students
SUBJECT:
PRESCHOOL SPECIAL EDUCATION PROGRAM
The Board recognizes the need for educational programs for three and four year old children
with disabilities and directs that administrative practices and procedures be developed to:
a)
Ensure for the provision of special education services and programs for each preschool
child with a disability residing in the District.
b)
Establish a Committee on Preschool Special Education (CPSE) which shall be comprised
in accordance with applicable federal and state law and regulation.
c)
Ensure that parents have received and understand the request for consent for evaluation of
a preschool aged child.
Education Law Section 4410
20 United States Code (USC) Sections 1400-1485,
Individuals With Disabilities Education Act (IDEA)
8 New York Code of Rules and Regulations
(NYCRR) Section 200.2(b)(5)
NOTE:
Refer also to Policy # 7632 -- Appointment and Training of Committee on Preschool
Special Education (CPSE) Members
Adopted: 12/09/03
2003
7615
Students
SUBJECT:
TEMPORARY PLACEMENT OF STUDENTS WITH DISABILITIES
The Board of Education authorizes the Chairperson for the Committee on Special Education to
make an immediate, temporary placement of a student with a disability in an appropriate educational
program, contingent upon obtaining written parental approval to do so, to prevent such student from
being denied the benefit of the program while the Committee on Special Education is in the process of
reviewing the referral documents and formulating their recommendation. Temporary placement may
not exceed a thirty (30) day period from the date of the student's initial registration.
Upon completion of the review, a recommendation shall be submitted to the Board from the
Committee on Special Education for each case whereby temporary placement will be made.
8 New York Code of Rules and Regulations
(NYCRR) Section 200.4(d)(1)
Adopted: 12/09/03
2003
7616
Students
SUBJECT:
LEAST RESTRICTIVE ENVIRONMENT
Least restrictive environment means that placement of students with disabilities in special
classes, separate schools or other removal from the regular educational environment occurs only when
the nature or severity of the disability is such that even with use of supplementary aids and services,
education in regular classes cannot be satisfactorily achieved. The placement of an individual student
with a disability in the least restrictive environment shall:
a)
Provide the special education and related services, as well as supplementary aids and
services, needed by the student;
b)
Provide for education of the student to the maximum extent appropriate to the needs of the
student with other students who do not have disabilities; and
c)
Be as close as possible to the student's home.
The District has an obligation, pursuant to law and regulation, to educate students with
disabilities in the least restrictive environment. The School District shall ensure that:
a)
Each student with a disability shall be educated with nondisabled students to the maximum
extent appropriate;
b)
Each student with a disability shall be removed from the regular educational environment
only when the nature or severity of the student's disability is such that education in regular
classes with the use of supplementary aids and services cannot be achieved satisfactorily;
and
c)
To the maximum extent appropriate to the student's needs, each student with a disability
shall participate with nondisabled students in nonacademic and extracurricular services and
activities.
The District shall ensure that a continuum of alternative placements, in accordance with law
and/or regulation, will be available to meet the needs of students with disabilities for special education
and related services. To enable students with disabilities to be educated with nondisabled students to
the maximum extent appropriate, specially designed instruction and supplementary services may be
provided in the regular class. Such services may include, but are not limited to, consultant teacher
services and other group or individual supplemental or direct special education instruction.
20 United States Code (USC) Sections 1400-1485,
Individuals with Disabilities Education Act (IDEA)
34 Code of Federal Regulations (CFR) Part 300
State Law - Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.5, 100.9, 200.1(cc), 200.2(b),
200.4, and 200.6
Adopted: 12/09/03
2003
7617
1 of 3
Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES IN GENERAL EDUCATION
(PRIOR TO A REFERRAL FOR SPECIAL EDUCATION)
The School District shall establish a plan for implementing schoolwide approaches and
prereferral interventions in order to remediate a student's performance prior to referral for special
education.
The provision of programs and/or services for students starts with consideration/implementation
of instruction in the general education curriculum, with appropriate supports and/or modifications as
may be necessary. In implementing prereferral intervention strategies, the District may utilize
resources/strategies already in place for qualified students including, but not limited to, services
available through Section 504 of the Rehabilitation Act of 1973, and Educationally Related Support
Services and Academic Intervention Services as defined in Education Law and/or Commissioner's
Regulations. All of these programs may be considered as possible components of Prereferral/
Intervention Instructional Support Plans. The District will ensure that they have a system in place,
with appropriate personnel, for developing, implementing and evaluating prereferral intervention
strategies.
The District will provide general education support services, instructional modifications,
alternative instructional approaches, or alternative program options to address a student's performance
prior to a referral to a Committee on Special Education (CSE). Formal Instructional Support Services
Teams (ISST) or other school-based teams (e.g., Direct Student Support Teams or Child Study
Teams), will be formed in accordance with law and/or regulations as may be applicable as well as
District guidelines. The ISST will include representatives from general and special education as well
as other disciplines and include individuals with classroom experience. Parents/persons in parental
relation to students will be involved in developing prereferral strategies to address the educational
needs of their child. Additionally, the District will seek collaboration between outside agencies and
the school prior to a referral of the student to the CSE in order to address necessary student support
services.
Administration shall ensure that appropriate opportunities exist for collaboration between
general educators and special educators, and that consultation and support are available to teachers and
other school personnel to assist parents/persons in parental relation to students and teachers in
exploring alternative approaches for meeting the individual needs of any student prior to formal
referral for special education.
The determination of prevention and prereferral intervention strategies/services shall consider
the student's strengths, environment, social history, language and cultural diversity in addition to the
teacher's concerns. The building administrator will further ensure that all staff are familiar with
intervention procedures and procedures for operating an ISST.
(Continued)
2003
7617
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Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES IN GENERAL EDUCATION
(PRIOR TO A REFERRAL FOR SPECIAL EDUCATION) (Cont'd.)
Prereferral/Intervention Instructional Support Plans shall be proactive in their strategies to meet
the broad range of student needs and to improve student performance. Prereferral/Intervention
strategies and/or Instructional Support Plans are to be reviewed and evaluated to determine their
effectiveness, and modified as may be appropriate. Appropriate documentation of the prevention
and/or intervention strategies implemented shall be maintained.
However, should a referral be made to the CSE during the course of implementing
prereferral/intervention instructional support services, the CSE is obligated in accordance with law to
continue its duties and functions, and must meet mandatory time lines in evaluating the student for
special education services and implementation of an individualized education program, if applicable.
Educational Related Support Services
Educational related support services (ERSS) means curriculum and instructional modification
services; direct student support team services; assessment and non-career counseling services; special
instruction to eligible students with disabilities as defined in Education Law Section 4401, which does
not generate excess cost aid including related services but excluding transportation and transition
services; and to eligible, qualified students pursuant to Section 504 of the Rehabilitation Act of 1973.
These services are provided to eligible students, individually or in groups, and may include those
related consultation services provided to their families and related school personnel in order to
enhance the academic achievement and attendance of such students. Educational related support
services shall also mean speech and language improvement services as defined in Commissioner's
Regulations.
ERSS may be utilized as a component of any Prereferral/Intervention Instructional Support Plan.
Section 504 of the Rehabilitation Act of 1973
For students who are qualified for services pursuant to Section 504 of the Rehabilitation Act, but
are not classified as students with disabilities as defined in Education Law Section 4401, Section 504
Accommodation Plans may address instructional support services that can be utilized as components
of any prereferral/intervention strategies as deemed necessary and/or appropriate.
Academic Intervention Services
Academic intervention services means additional instruction which supplements the instruction
provided in the general curriculum and assists students in meeting the State learning standards as
defined in Commissioner's Regulations and/or student support services which may include guidance,
counseling, attendance, and study skills which are needed to support improved academic performance.
(Continued)
2003
7617
3 of 3
Students
SUBJECT:
PREREFERRAL INTERVENTION STRATEGIES IN GENERAL EDUCATION
(PRIOR TO A REFERRAL FOR SPECIAL EDUCATION) (Cont'd.)
However, such services shall not include services provided to students with limited English
proficiency pursuant to Commissioner's Regulations or special education services and programs as
defined in Education Law Section 4401. Academic intervention services are intended to assist
students who are at risk of not achieving the State learning standards in English language arts,
mathematics, social studies and/or science, or who are at risk of not gaining the knowledge and skills
needed to meet or exceed designated performance levels on State assessments.
In implementing prevention and/or prereferral intervention support strategies in order to
remediate a student's performance prior to referral for special education, the utilization of academic
intervention services, as enumerated in Commissioner's Regulations, may be included as a component
of any such Prereferral/Intervention Instructional Support Plan.
Education Law Sections 3602(32), 4401 and 4401-a
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.1(g),(p),(r),(s), and (t);
100.2(v); 100.2(dd)(4); 200.2(b)(7);
200.4(a)(2) and (9); 200.4(c); and Part 154
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
Adopted: 12/09/03
2003
7618
1 of 3
Students
SUBJECT:
DECLASSIFICATION OF STUDENTS WITH DISABILITIES
The School District shall establish and implement a plan for the appropriate declassification of
students with disabilities which must include:
a)
The regular consideration for declassifying students when appropriate;
b)
A reevaluation of the student prior to declassification; and
c)
The provision of educational and support services to the student upon declassification.
Eligibility Determinations
The School District must evaluate a student with a disability prior to determining that a student is
no longer a student with a disability as defined in accordance with Commissioner's Regulations, and
the District shall provide a copy of the evaluation report and the documentation of eligibility to the
student's parent. The District is not required to conduct a reevaluation of a student before the
termination of a student's eligibility due to graduation with a local high school or Regents diploma or
exceeding the age eligibility for a free appropriate public education. However, the parent must receive
prior written notice, in accordance with Commissioner's Regulations, before the student's graduation
from high school with a local or Regents diploma or before he/she receives an Individualized
Education Program (IEP) diploma. The results of any reevaluations must be addressed by the
Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student's
IEP.
Prior to the reevaluation, the School District shall obtain informed parental consent unless
otherwise authorized pursuant to law and/or regulation. Parental consent need not be obtained if the
District can demonstrate that it has taken reasonable measures to obtain that consent, and the student's
parents fail to respond. The District must have a record of its attempts to obtain parental consent.
Should the student's parents refuse consent for the reevaluation, the District may continue to pursue
the reevaluation by using mediation and/or due process procedures.
The District shall take whatever action is necessary to ensure that the parent understands the
proceedings at the meeting of the CSE, including arranging for an interpreter for parents with deafness
or whose native language is other than English.
Individual Evaluation
As part of any reevaluation, a group that includes the CSE and other qualified professionals, as
appropriate, shall review existing evaluation data on the student including evaluations and information
provided by the parents of the student, current classroom-based assessments and observations, and
observations by teachers and related services providers.
(Continued)
2003
7618
2 of 3
Students
SUBJECT:
DECLASSIFICATION OF STUDENTS WITH DISABILITIES (Cont'd.)
On the basis of that review, and input from the student's parents, the CSE and other qualified
professionals, as appropriate, shall identify what additional data, if any, are needed to determine:
a)
In the case of a reevaluation of a student, whether the student continues to have such a
disability;
b)
The present levels of performance and educational needs of the student;
c)
In the case of a reevaluation of a student, whether the student continues to need special
education; and
d)
Whether any additions or modifications to the special education services are needed to
enable the student to meet the measurable annual goal set out in the Individualized
Education Program (IEP) of the student and to participate, as appropriate, in the general
curriculum.
If additional data are not needed, the District must notify the parents of that determination and
the reasons for it and of the right of the parents to request an assessment to determine whether, for
purposes of services provided in accordance with law and Commissioner's Regulations, the student
continues to be a student with a disability. The District is not required to conduct the assessment
unless requested to do so by the student's parents.
The CSE shall arrange for an appropriate reevaluation of each student with a disability at least
every three (3) years by a multidisciplinary team or group of persons, including at least one teacher or
other specialist with knowledge in the area of the student's disability. The reevaluation shall be
sufficient to determine the student's individual needs, educational progress and achievement, the
student's ability to participate in instructional programs in regular education and the student's
continuing eligibility for special education. The results of any reevaluations must be addressed by the
CSE in reviewing and, as appropriate, revising the student's IEP.
Recommendation for Declassification
If the student has been receiving special education services, but it is determined by CSE that the
student no longer needs special education services and can be placed in a regular educational program
on a full-time basis, the recommendation shall:
a)
Identify the declassification support services, if any, to be provided to the student; and/or
the student's teachers; and
(Continued)
2003
7618
3 of 3
Students
SUBJECT:
b)
DECLASSIFICATION OF STUDENTS WITH DISABILITIES (Cont'd.)
Indicate the projected date of initiation of such services, the frequency of provision of such
services, and the duration of these services, provided that such services shall not continue for
more than one year after the student enters the full-time regular education program.
Declassification Support Services
When appropriate, the District shall provide declassification support services to students who have
moved from special education to a full-time regular educational program in accordance with the
recommendation of the CSE.
Declassification support services means those services provided by persons appropriately certified
pursuant to Part 80 of Commissioner's Regulations, or holding a valid teaching license in the appropriate
area of service, to a student or the student's teacher to aid in the student's move from special education to
full-time regular education, including:
a)
For the student, psychological services, social work services, speech and language
improvement services, noncareer counseling, and other appropriate support services; and
b)
For the student's teacher, the assistance of a teacher aide or a teaching assistant, and
consultation with appropriate personnel.
Procedural Safeguards Notice
The District shall use the procedural safeguards notice prescribed by the Commissioner of
Education. The District will further ensure that the procedural safeguards notice is provided in the
native language of the parent or other mode of communication used by the parent, unless it is clearly not
feasible to do so. If the native language or other mode of communication of the parent is not a written
language, the District shall take steps to ensure that the notice is translated orally or by other means to
the parent in his/her native language or other mode of communication; that the parent understands the
content of the notice; and that there is written evidence that all due process procedures, pursuant to law
and/or regulation, have been met.
20 United States Code (USC) Sections 1400-1485,
Individuals with Disabilities Education Act (IDEA)
34 Code of Federal Regulations (CFR) Part 300
State Law - Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.1(q), 100.2(u), 200.2(b)(8),
200.4(b)(4) and (5), 200.4(c)(3), 200.4(d)(1), and 200.5
Adopted: 12/09/03
2007
7619
1 of 3
STUDENTS
Policy for Schools Which Use Time Out Rooms as Part of Their Behavior Management Approach
SUBJECT:
*USE OF TIME OUT ROOMS
Except as provided pursuant to 8 New York Code of Rules and Regulations (NYCRR) Section
200.22(c) as referenced below, the School District shall not employ the use of time out rooms as a
means of regulating student behavior.
Pursuant to Commissioner's Regulations, a time out room is defined "as an area for a
student to safely deescalate, regain control and prepare to meet expectations to return to
his/her education program." If a time out room is to be used, it must be used in conjunction
with a behavioral intervention plan (that is designed to teach and reinforce alternative
appropriate behaviors) in which a student is removed to a supervised area in order to facilitate
self-control or when it is necessary to remove a student from a potentially dangerous situation
and for unanticipated situations that pose an immediate concern for the physical safety of a
student or others.
The District has adopted and implemented the following policy and procedures governing
school use of time out rooms as part its behavior management approach consistent with
Commissioner's Regulations, including the physical and monitoring requirements, parental
rights and individualized education program (IEP) requirements for students with disabilities.
At a minimum, the use of time out rooms shall be governed by the following rules and
standards:
a)
The District prohibits placing a student in a locked room or space or in a room where
the student cannot be continuously observed and supervised. The time out room
shall be unlocked and the door must be able to be opened from the inside. The use
of locked rooms or spaces for purposes of time out or emergency interventions is
prohibited.
Staff shall continuously monitor the student in a time out room. The staff must be
able to see and hear the student at all times.
Under no circumstances shall a time out room in a school program be used for
seclusion of the student, where the term "seclusion" is interpreted to mean placing a
student in a locked room or space or in a room where the student is not continuously
observed and supervised.
b)
Factors which may precipitate the use of the time out room: A child who is endanger
of harming himself/herself/or others, or who is engaged in the destruction of
property.
c)
Time limitations for the use of the time out room: The use of the time out room typically is
20 minutes, however, will not exceed one hour. If the problem conditions extend longer, the
administrator would pursue other alternatives.
(Continued)
2007
7619
2 of 3
STUDENTS
SUBJECT:
USE OF TIME OUT ROOMS (Cont'd.)
Further, a student's IEP shall specify when a behavioral intervention plan includes the use of a
time out room for a student with a disability, including the maximum amount of time a student
will need to be in a time out room as a behavioral consequence as determined on an individual
basis in consideration of the student's age and individual needs.
School administration or other personnel shall be notified in the event a student is placed in a
time out room for excessive amounts of time; and such information shall be considered when
determining the effectiveness of the student's behavioral intervention plan and the use of the
time out room for the student. Whether the student requires a debriefing following the use of a
time out room shall be left to the staff knowledgeable about the individual student.
d)
e)
Staff training on the policies and procedures related to the use of time out rooms shall
include, but not be limited to, the following measures:
1.
The Director of Special Education shall be responsible to the Superintendent for
establishing administrative practices and procedures for training all District personnel
responsible for carrying out the provisions of Commissioner's Regulations relating to
the use of time out rooms, including members of the Committee on Special Education
(CSE) and Committee on Preschool Special Education (CPSE).
2.
Life Space Crisis Intervention
This is a crisis management technique that uses verbal strategies that will teach children
how to mange their own behavior, control their impulses and feelings and make more
constructive decisions and deal with others more positively.
Data collection to monitor the effectiveness of the use of time out rooms:
District schools shall establish and implement procedures to document the use of
time out rooms, including information to monitor the effectiveness of the use of the
time out room to decrease specified behaviors. Such data would be subject to
review by the State Education Department (SED) upon request.
Such data collection should appropriately include, but is not limited to, the following
information:
1.
A record for each student showing the date and time of each use of the time
out room;
2.
A detailed account of the antecedent conditions/specific behavior that led to the
use of the time out room;
3.
The amount of time that the student was in the time out room; and
4.
Information to monitor the effectiveness of the use of the time out room to decrease
specified behaviors which resulted in the student being placed in the room.
(Continued)
2007
7619
3 of 3
STUDENTS
SUBJECT:
f)
USE OF TIME OUT ROOMS (Cont'd.)
Information to be provided to parents.
The School District shall inform the student's parents prior to the initiation of a
behavioral intervention plan that will incorporate the use of a time out room for a
student, and shall give the parent the opportunity to see the physical space that will
be used as a time out room and provide the parent with a copy of the school's policy
on the use of time out rooms.
Additionally, parents should be notified if their child was placed in a time out room.
Minimally, whenever a time out room is used as an emergency intervention pursuant
to Commissioner's Regulations Section 200.22(d), the parent shall be notified of the
emergency intervention. Such notification will be provided the same day whenever
possible.
The parent is a member of the CSE and the use of a time out room must be included
on the student's IEP. The parent receives prior notice as to the recommendations on
a student's IEP and may request due process in the event the parent does not agree
with the CSE recommendations.
Parent reports of alleged inappropriate interventions used in a time out room should
be directed to school administrators.
Physical Space Used as a Time Out Room
The physical space used as a time out room must meet certain standards.
a)
The room shall provide a means for continuous visual and auditory monitoring of the
student.
b)
The room shall be of adequate width, length and height to allow the student to move
about and recline comfortably.
c)
Wall and floor coverings should be designed to prevent injury to the student, and
there shall be adequate lighting and ventilation.
d)
The temperature of the room shall be within the normal comfort range and consistent
with the rest of the building.
e)
The room shall be clean and free of objects and fixtures that could be potentially
dangerous to a student and shall meet all local fire and safety codes.
Education Law Sections 207, 210, 305, 4401, 4402, 4403, and 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 19.5, 200.1, 200.4, 200.7, 200.22, and 201.2
Adopted:
12/11/2007
2003
7620
Students
SUBJECT:
STUDENTS WITH DISABILITIES PARTICIPATING IN SCHOOL DISTRICT
PROGRAMS
All students with disabilities residing in the District, including those of preschool age, shall be
provided with full access and opportunity to participate in School District programs, including
extracurricular programs and activities, that are available to all other students enrolled in the public
schools of the District. Parents/guardians of students with disabilities, including those students placed
in out-of-District programs, shall receive timely notice of such District programs and activities.
8 New York Code of Rules and Regulations
(NYCRR) Section 200.2(b)(1) and (2)
Adopted: 12/09/03
2004
7621
Students
SUBJECT:
SECTION 504 OF THE REHABILITATION ACT OF 1973
The Board of Education affirms its compliance with those sections of the Rehabilitation Act of
1973 dealing with program accessibility.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with
disabilities in federally assisted programs or activities solely on the basis of disability. The District
shall make its program and facilities accessible to all its students with disabilities.
The District shall also identify, evaluate and extend to every qualified student with a disability
under Section 504 a free, appropriate public education, including modifications, accommodations,
specialized instruction or related aids and services, as deemed necessary to meet their educational
needs as adequately as the needs of non-disabled students are met.
The District official responsible for coordination of activities relating to compliance with Section
504 is the Superintendent of Schools. This official shall provide information, including complaint
procedures, to any person who feels his or her rights under Section 504 have been violated by the
District or its officials.
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.
Adopted: 4/06/04
2003
7631
1 of 3
Students
SUBJECT:
APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL
EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION
MEMBERS
Committee on Special Education (CSE) Membership
The Board of Education shall appoint a Committee on Special Education (CSE) whose
membership shall include, but not be limited to, the following members:
a)
The parent(s) of the student;
b)
At least one regular education teacher of such student (if the student is, or may be,
participating in the regular education environment);
c)
At least one special education teacher of the student, or, where appropriate, at least one
special education provider (i.e., related service provider) of such student;
d)
A representative of the School District who is qualified to provide or administer or
supervise special education and who is knowledgeable about the general curriculum and
about the availability of resources of the District;
e)
An individual who can interpret the instructional implications of evaluation results, who
may be a CSE member selected from the regular education teacher, the special education
teacher or provider, the school psychologist, or the School District representative described
above, or a person having knowledge or special expertise regarding the student as
determined by the District;
f)
At the discretion of the parent or the District, other individuals who have knowledge or
special expertise regarding the student, including related services personnel as appropriate.
The determination of knowledge or special expertise shall be made by the party (parents or
School District) who invited the individual to be a member of the committee;
g)
Whenever appropriate, the student with a disability;
h)
A school psychologist;
i)
A school physician, if requested in writing at least seventy-two (72) hours prior to the
meeting by the parents of the student or the School District; and
j)
A parent of a student with a disability residing in the District or a neighboring school
district, provided that the parent shall not be employed by or under contract with the School
District; and provided further that such parent shall not be a required member if the parents
of the student request, in writing, that the additional parent member not participate in the
meeting.
(Continued)
2003
7631
2 of 3
Students
SUBJECT:
APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL
EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION
MEMBERS (Cont'd.)
Subcommittee on Special Education Membership
The Membership of each subcommittee shall include, but not be limited to, the following
members:
a)
The parent(s) of the student;
b)
At least one (1) regular education teacher of such student (if the student is, or may be,
participating in the regular education environment);
c)
At least one (1) special education teacher, of the student, or where appropriate, at least one
special education provider (i.e., related service provider) of such student;
d)
A representative of the School District who is qualified to provide or administer or
supervise special education and who is knowledgeable about the general curriculum and
about the availability of resources of the District;
e)
A school psychologist, whenever a new psychological evaluation is reviewed or a change
to a program option with a more intensive staff/student ratio, as set forth in Section
200.6(f)(4) of the Regulations of the Commissioner, is considered;
f)
At the discretion of the parent or the District, other individuals who have knowledge or
special expertise regarding the student, including related services personnel as appropriate.
The determination of knowledge or special expertise shall be made by the party (parents or
School District) who invited the individual to be a member of the subcommittee;
g)
An individual who can interpret the instructional implications of evaluation results, who
may be a member described in letters "b" through "f" of this subheading; and
h)
Whenever appropriate, the student with a disability.
Training
The training of qualified personnel is essential to the effective implementation of the Regulations
of the Commissioner of Education regarding the education of all students with disabilities.
(Continued)
2003
7631
3 of 3
Students
SUBJECT:
APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL
EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION
MEMBERS (Cont'd.)
The Director of Special Education shall be responsible to the Superintendent for establishing
administrative practices and procedures for training all District personnel responsible for carrying out
the provisions of Part 200 of the Commissioner's Regulations as well as members of the Committee on
Special Education and members appointed by the Board of Education to the Committee on Preschool
Special Education.
Education Law Section 4402
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.2(b)(3) and 200.3
20 United States Code (USC) Sections 1400-1485,
Individuals with Disabilities Education Act (IDEA)
34 Code of Federal Regulations (CFR)
Sections 300.342-344
NOTE:
Refer also to Policy #7632 -- Appointment and Training of Committee on Preschool
Special Education Members.
Adopted: 12/09/03
2003
7632
1 of 2
Students
SUBJECT:
APPOINTMENT AND TRAINING OF COMMITTEE ON PRESCHOOL
SPECIAL EDUCATION (CPSE) MEMBERS
Committee on Preschool Special Education (CPSE) Membership
The Board of Education shall appoint a Committee on Preschool Special Education (CPSE)
whose membership shall include, but not be limited to, the following members:
a)
The parent(s) of the child;
b)
At least one (1) regular education teacher of such child (if the child is, or may be,
participating in the regular education environment);
c)
At least one (1) special education teacher of the child or, where appropriate, at least one
special education provider (i.e., related service provider) of such child;
d)
A representative of the School District who is qualified to provide, or supervise the
provision of, special education and who is knowledgeable about the general curriculum and
about the availability of preschool special education programs and services and other
resources of the District (who shall serve as Chairperson of the CPSE);
e)
An individual who can interpret the instructional implications of evaluation results, who
may be a member of the team selected from the regular education teacher, the special
education teacher or provider, the school psychologist, the School District representative
described above, or a person having knowledge or special expertise regarding the student
as determined by the District;
f)
At the discretion of the parent or the District, other individuals who have knowledge or
special expertise regarding the child, including related services personnel as appropriate.
The determination of knowledge or special expertise shall be made by the party (parents or
School District) who invited the individual to be a member of the committee;
g)
A parent of a child with a disability who resides in the School District or a neighboring
school district, and whose child is enrolled in a preschool or elementary level education
program provided that such parent shall not be employed by or under contract with the
School District or municipality; and provided further that such parent shall not be a
required member if the parents of the child request, in writing, that the additional parent
member not participate in the meeting.
(Continued)
2003
7632
2 of 2
Students
SUBJECT:
APPOINTMENT AND TRAINING OF COMMITTEE ON PRESCHOOL
SPECIAL EDUCATION (CPSE) MEMBERS (Cont'd.)
h)
For a child's transition from early intervention programs and services (Infant and Toddler
Programs), the appropriately licensed or certified professional from the County Early
Intervention Program. This professional must attend all meetings of the CPSE conducted
prior to the child's initial receipt of services; and
i)
An appropriately certified or licensed professional from the municipality. Attendance of the
appointee of the municipality is not required for a quorum.
Training
The training of qualified personnel is essential to the effective implementation of the Regulations
of the Commissioner of Education regarding the education of all students with disabilities.
The Director of Special Education shall be responsible to the Superintendent for establishing
administrative practices and procedures for training all District personnel responsible for carrying out
the provisions of Part 200 of the Commissioner's Regulations as well as members of the Committee on
Special Education and members appointed by the Board of Education to the Committee on Preschool
Special Education.
Education Law Section 4410
20 United States Code (USC) Sections 1400-1485,
Individuals With Disabilities Education Act (IDEA)
34 Code of Federal Regulations (CFR) Part 300
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(b)(3) and 200.3
NOTE:
Refer also to Policies #7614 -- Preschool Special Education Program
#7631 -- Committee on Special Education/Subcommittee on Special
Education Members
Adopted: 12/09/03
2003
7640
1 of 2
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP):
DEVELOPMENT AND PROVISION
Development of Individualized Education Program
The Board of Education directs that the Committee on Special Education (CSE) or Committee
on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each
child with a disability.
Such an Individualized Educational Program (IEP) will be developed by the CSE or CPSE upon
referral, and reviewed or revised, whichever is appropriate, for every child with a disability at least
annually or in the event that the program no longer appears to be appropriate to meet the student's
needs and ability level.
Provision of Individualized Education Program
The Board of Education directs that the Superintendent/designee(s) establish administrative
practices and procedures to ensure that each regular education teacher, special education teacher,
related service provider, and/or other service provider who is responsible for the implementation of a
student's IEP is provided a paper or electronic copy of such student's IEP prior to the implementation
of such program. For purposes of this policy, "other service provider" means a representative of
another public school district, charter school, Board of Cooperative Educational Services (BOCES) or
school enumerated in Articles 81, 85 or 89 of the Education Law where the student receives or will
receive IEP services. Further, the District will designate at least one school official who shall be
responsible for maintaining a record of the personnel who have received IEP copies for each student.
Any copy of a student's IEP shall remain confidential in compliance with the Individuals with
Disabilities Education Act, the Family Educational Rights and Privacy Act, and District policy
regarding confidentiality of student records; and shall not be disclosed to any other person other than
the parent of such student, except in accordance with federal and state laws and/or regulations.
Appropriate training and information will be provided to designated school personnel, as applicable, to
ensure the confidentiality of such information. Procedures will be established to ensure that copies of
students' IEPs are stored in secure locations and retrieved or destroyed when such professionals are no
longer responsible for implementing a student's IEP.
The Chairperson of the Committee on Special Education (CSE), CSE subcommittee, or CPSE
shall designate for each student one or, as appropriate, more than one professional employee of the
School District with knowledge of the student's disability and education program who will be
responsible to, prior to the implementation of the IEP, inform each regular education teacher, special
education teacher, related service provider, other service provider, paraprofessional (i.e. a teaching
assistant or a teacher aide as defined in Commissioner's Regulations), and other provider and support
staff person of his/her responsibility relating to implement the recommendations of a student's IEP,
(Continued)
2003
7640
2 of 2
Students
SUBJECT:
STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP):
DEVELOPMENT AND PROVISION (Cont'd.)
including the responsibility to provide specific accommodations, program modifications, supports
and/or services for the student in accordance with the IEP. In selecting the professional staff
person(s), the Chairperson could select/him/herself for this responsibility, another administrator, or a
teacher, related service provider or other professional based on the particular circumstances of the of
the student's disability and education program.
The School District shall also ensure that each teaching assistant, teacher aide and each other
provider responsible for assisting in the implementation of a student's IEP has the opportunity to
review a copy of the student's IEP prior to the implementation of such program. Further, each
teaching assistant, teacher aide and such other provider responsible for assisting in the implementation
of a student's IEP shall have ongoing access to a copy of the IEP, which may be the copy provided to
the student's special education teacher or the teacher or related service provider under whose direction
the paraprofessional or other provider works. However, the District may, at its discretion, provide a
copy of the IEP to teaching assistants and/or teacher aides.
A copy of a student's IEP shall be provided to the student's parents at no cost to the student's
parents.
Individual Re-evaluations of Individualized Education Program
The Committee on Special Education (CSE/CPSE) shall arrange for an appropriate re-evaluation
of each student with a disability if conditions warrant a re-evaluation, or if the student's parent or
teacher requests a re-evaluation; however, a re-evaluation must take place at least once every three
years. The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including
at least one teacher or other specialist with knowledge in the area of the student's disability. The reevaluation will be sufficient to determine the student's individual needs, educational progress and
achievement, the student's ability to participate in instructional programs in regular education and the
student's continuing eligibility for special education. The results of any re-evaluations must be
addressed by the committee on special education in reviewing, and as appropriate, revising the
student's IEP.
Use of Recording Equipment at IEP Meetings
The Board of Education shall allow recording equipment to be used at meetings regarding
individualized education programs (IEPs) for students with disabilities.
Education Law Section 4402(7)
Education Law Articles 81, 85 and 89
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1 (hh), 200.2 (b)(11), 200.4(b)(4),
200.4(e)(3), 200.4(f), and 200.16 (e)(6)
Adopted: 12/09/03
2003
7641
Students
SUBJECT:
TRANSITION SERVICES
The Board of Education will provide transition services for students with disabilities who are
fifteen (15) and older (and at a younger age if determined appropriate). Additionally, beginning at age
fourteen (14), and updated annually, the student's Individualized Education Program (IEP) must
include a statement of transition service needs under the applicable components of the student's IEP
that focuses on the student's courses of study. As defined by the Commissioner's Regulations,
transition services means a coordinated set of activities for a student with a disability, designed within
an outcome-oriented process, that promotes movement from a school to post-school activities. Postschool activities include, but are not limited to, post-secondary education, vocational training,
integrated competitive employment (including supported employment), continuing and adult
education, adult services, independent living, or community participation. The coordinated set of
activities must be based on the individual student's needs, taking into account the student's preferences
and interests and shall include needed activities in the following areas:
a)
Instruction;
b)
Related services;
c)
Community experiences;
d)
The development of employment and other post-school adult living objectives; and
e)
If appropriate, acquisition of daily living skills and functional vocational evaluation.
20 United States Code (USC) Sections 1400-1485,
Individuals With Disabilities Education Act (IDEA)
Education Law Section 4401
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.1(ss), 200.1(tt), 200.4(c)(2)(v),
200.4(c)(4), 200.4(d)(3), and 200.5(a)(1)(xii)
Adopted: 12/09/03
2003
7642
Students
SUBJECT:
TWELVE MONTH SPECIAL SERVICES AND/OR PROGRAMS
The School District shall provide, directly or by contract, special services and/or programs
during July and August to those students whose disabilities are severe enough to exhibit the need for a
structured learning environment of twelve months duration in order to prevent substantial regression
as determined by the Committee on Special Education or Committee on Preschool Special Education.
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.1(qq), 200.6(j) and
200.16(h)(3)(v)
Adopted: 12/09/03
2003
7650
Students
SUBJECT:
IDENTIFICATION AND REGISTER OF CHILDREN WITH DISABILITIES
The policy of the Board of Education is to conduct a census in order to have all children with
disabilities, within its jurisdiction under the age of twenty-one (21) identified, located and evaluated,
including children of preschool age and children in all public and private agencies and institutions.
Persons involved in the collection of data must receive prior training and written information
regarding data collection procedures.
Register of Children with Disabilities
It is the policy of the Board of Education of the Auburn Enlarged City School District to
maintain a register containing the data requirements as indicated in the Commissioner's Regulations.
Education Law Sections 3240-3242 and 4402(1)(a)
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.2(a)(2)(a-f) and 200.4
NOTE:
Refer also to Policy #7160 -- School Census
Adopted: 12/09/03
2003
7660
1 of 5
Students
SUBJECT:
PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES
The Board of Education recognizes the rights of the parent/guardian to be fully informed of all
information relevant to the identification, or change in identification, evaluation and educational
placement of a child with a disability.
All due process procedures for parents/guardians and children in the Commissioner's
Regulations shall be observed by the School District.
Definition of Parent
Parent means a birth or adoptive parent, a guardian, a person in parental relationship to the child
as defined in Education Law Section 3212, an individual designated as a person in parental relation
pursuant to General Obligations Law Title 15-A including an individual so designated who is acting in
the place of a birth or adoptive parent (including a grandparent, stepparent or other relative with whom
the child resides), or a surrogate parent who has been appointed in accordance with Section 200.5(n)
of Commissioner's Regulations. The term does not include the State if the student is a ward of the
State.
A foster parent may act as a parent unless State law, regulations or contractual obligations with a
State or local entity prohibit the foster parent from acting as a parent.
Unless a judicial decree identifies a specific person(s) to act as the parent or make educational
decisions for the student, if one or more parties is qualified to act as a parent, the birth or adoptive
parent is presumed to be the parent unless they do not have the legal authority to do so.
Surrogate Parents
It is the duty of the School District to determine whether a child needs a surrogate parent and to
assign a surrogate parent in the manner permitted under New York State law. This determination shall
be completed within a reasonable time following the receipt of a referral for an initial evaluation or reevaluation.
In the event that no parent or guardian for a child with a disability can be identified; or after
reasonable efforts the whereabouts of the parent or guardian cannot be determined; or the student is an
unaccompanied homeless youth; or the child with a disability is a ward of the State and does not have
a "parent" as defined above; or the rights of the parent to make educational decisions have been
subrogated by a judge in accordance with State law; the Board shall assign an individual to act as a
surrogate for the parents or guardians.
Alternatively, the surrogate parent may be appointed by a judge overseeing the child's case.
(Continued)
2003
7660
2 of 5
Students
SUBJECT:
PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES (Cont'd.)
The person selected as a surrogate shall have no interest that conflicts with the interest of the
child he/she represents, and shall have knowledge and skills that ensure adequate representation of the
child.
Prior Written Notice
Prior written notice must be given to parents of a student with a disability a reasonable time
before the District proposes to, or refuses to, initiate or change the identification, evaluation,
educational placement of the student or the provision of a free appropriate public education to the
student. Prior written notice must also be provided informing the parents when no additional data is
required to determine the student's educational needs, the reasons for this determination and their right
to request an assessment.
If the prior written notice relates to a proposed action that also requires parental consent, the
District must give notice at the same time it requests parental consent. The prior written notice will
contain all elements required by Commissioner's Regulations.
A parent may elect to receive prior written notice and other required notifications by electronic
mail (e-mail) communication if the District makes this option available.
Parent Participation in Meetings
The School District must take steps to ensure that one or both of the parents of a child with a
disability are present at each Committee on Special Education (CSE)/Committee on Preschool Special
Education (CSPE) meeting or are afforded the opportunity to participate in a mutually agreed upon
time and place. The School District must document its attempts to involve parents, such as:
a)
Detailed records of telephone calls made or attempted and the results of these calls;
b)
Copies of correspondence sent to the parents and any responses received; and
c)
Detailed records of visits made to the parent's home or place of employment and the results
of those visits.
A meeting may be conducted without a parent in attendance if the School District is unable to
convince the parents that they should attend.
Additionally, the School District must take whatever action is necessary to ensure the parent
understands the proceedings of this meeting including arranging for an interpreter for parents with
deafness or whose native language is other than English.
(Continued)
2003
7660
3 of 5
Students
SUBJECT:
PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES (Cont'd.)
Parental Consent
In accordance with due process, a parent or guardian of a special education student or a student
suspected of having a disability must provide informed consent before the School District can take
certain actions.
Consent for Evaluations
The parent or guardian must provide informed consent to the initial evaluation, or reevaluations
in accordance with law and/or regulations. If a parent does not provide consent for an initial
evaluation, the School District may pursue the evaluation by commencing a due process hearing to
override the refusal to provide consent.
Parental consent for a reevaluation is not needed if the District can demonstrate that it has taken
reasonable measures to obtain consent, but the parents or guardians have failed to respond.
Consent for the Initial Provision of Services
Parental consent is also required for the initial provision of special education services. Consent
for an initial evaluation does not constitute consent for the initial provision of services. If a parent does
not provide consent for the initial provision of services, the School District shall not provide the
special education program and services to the student and shall not use the due process procedures to
challenge the parent's refusal to consent. The School District shall not be considered to be in violation
of the requirements to provide a free appropriate public education (FAPE), shall not be required to
convene a meeting of the committee on special education or develop an individualized education
program (IEP).
Consent for Other Actions
Prior written consent must also be provided:
a)
Prior to releasing any personally identifiable information; and
b)
Prior to each time the District proposes to access a parent's private insurance.
Consent for an Unaccompanied Homeless Youth
Consent may be provided by a surrogate parent. However, until a surrogate parent is appointed,
consent may be provided on a temporary basis by an employee of a temporary housing facility
operated or approved by a local social services district or a residential facility for runaway and
homeless youth.
(Continued)
2007
7660
4 of 5
Students
SUBJECT:
PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES (Cont'd.)
Consent for a Ward of the State
A ward of the State means a child or youth under the age of twenty-one (21):
a)
Who has been placed or remanded pursuant to Social Services Law or the Family Court
Act or freed for adoption pursuant to Social Services Law; or
b)
Who is in the custody of the Commissioner of Social Services or the Office of Children and
Family Services; or
c)
Who is a destitute child under Social Services Law.
In the event that a child is a ward of the State, the School District shall make reasonable efforts
to obtain the informed consent from the parent of the child for an initial evaluation to determine
whether the child is a child with a disability.
The School District is not required to obtain informed consent if:
a)
Despite reasonable efforts to do so, the School District cannot discover the whereabouts of
the parent of the student, including consulting with the agency responsible for the care of
the student; or
b)
The rights of the parents of the student have been terminated in accordance with State law;
or
c)
The rights of the parent to make educational decisions have been subrogated by a judge in
accordance with State law.
Procedural Safeguards Notice
The School District will provide the procedural safeguards notice prescribed by the
Commissioner of Education to the parents of a student with a disability at least one time per year and
also:
a)
Upon initial referral or parental request for evaluation;
b)
Upon the first filing of a due process complaint notice to request mediation or an impartial
hearing; and
c)
Upon request by a parent.
(Continued)
2007
7660
5 of 5
Students
SUBJECT:
PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES (Cont'd.)
Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 3212, 4005, 4202, 4401 and 4402
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1 and 200.5
Adopted: 12/09/2003
Amended: 03/27/2007
2003
7670
1 of 3
Students
SUBJECT:
IMPARTIAL HEARING/SELECTION OF IMPARTIAL HEARING OFFICERS
The School District is committed to making every effort to amicably resolve differences
involving the educational programs for students with disabilities. When outside assistance is needed
to aid in resolving a disagreement about the identification, evaluation, educational placement or
provision of a free appropriate education for a student with a disability, mediation is encouraged. For
those exceptional circumstances where a more forma method is required, the impartial hearing process
will be utilized. The impartial hearing officer (IHO) renders a written decision after the parties present
and refute evidence before him/her. The decision of the IHO is final and binding on both parties
unless appealed to the State Review Officer (SRO).
Impartial Hearing Process
The following is an overview of the Impartial Hearing process:
a)
Either the parent or the School District may request an impartial hearing. If a parent makes
the request it must be in writing to the Board of Education describing the nature of the
dispute and a proposed resolution of the problem. The District will provide a form for this
purpose. However, the District may not deny or relay a parent's right to an impartial
hearing if the written request is not complete.
b)
If the District is the party initiating an impartial hearing, the District will provide prior
written notice to the parent including a statement of the action proposed and any
explanation of why the District proposed to take such action.
c)
Upon receipt of or initiation of a request for an impartial hearing, the District will inform
the parent of the availability of mediation, of any free or low-cost legal and other relevant
services available in the area, and provide them with a copy of the District's Procedural
Safeguards Notice.
d)
The District must immediately [but not later than two (2) business days after receipt of the
written request] initiate the process to select an IHO. The District selects the IHO through
a rotational selection process in accordance with regulatory timelines. The Superintendent's
Secretary/District Clerk will be responsible for contacting IHO's and maintaining
appropriate records.
e)
The IHO must be certified by the Commissioner of Education, be independent and have
access to the support and equipment necessary to perform the duties of an IHO. When the
selected IHO indicates availability, the Board of Education must immediately appoint
him/her. To expedite this process the Board may designate one (1) or more of its members
to appoint the IHO on behalf of the Board.
(Continued)
2003
7670
2 of 3
Students
SUBJECT:
IMPARTIAL HEARING/SELECTION OF IMPARTIAL HEARING OFFICERS
(Cont'd.)
f)
The impartial hearing will be conducted at a location that is reasonable and convenient to
the parent and the student involved. The hearing shall be closed to the public unless the
parent requests an open hearing.
g)
The IHO presides over the hearing at which the parties have an opportunity to present
evidence and testimony.
h)
The student remains in his/her current placement during the pendency of the impartial
hearing unless both parties agree and except as otherwise provided for expedited impartial
hearings for certain disciplinary suspensions or removals of a student.
i)
The IHO renders and forwards the finding of fact and decision to the parties and to the
State Education Department in accordance with regulatory timelines.
j)
The decision of the IHO is final and binding on both parties unless appealed to the State
Review Officer (SRO).
Recordkeeping and Reporting
The District will maintain an alphabetical list of names of each IHO who is certified in New
York State and available to serve in the District. The District will record and report to the State
Education Department required information relating to the selection of IHO's and the conduct of
impartial hearings according to the manner and schedule specified by the department. The
Superintendent shall designate a staff member(s) who will be responsible for reporting such
information as required relating to the impartial hearing process into the State Education Department's
web-based reporting system.
Compensation of Impartial Hearing Officers
The District will be responsible for compensating the IHO for pre-hearing, hearing and posthearing activities at the rate agreed upon at the time of the IHO's appointment. The rate of
compensation may not exceed the maximum rate approved by the Director of the Division of the
Budget. The District will also reimburse the IHO for travel and other hearing-related expenses (e.g.,
duplication and telephone costs) pursuant to an annually determined schedule. On an annual basis, the
District will forward a copy of its compensation rates to each IHO on the District's rotational list.
(Continued)
2003
7670
3 of 3
Students
SUBJECT:
IMPARTIAL HEARING/SELECTION OF IMPARTIAL HEARING OFFICERS
(Cont'd.)
Mediation
Mediation is voluntary and does not deny or delay a parent's right to an impartial hearing. If
mediation is initiated after a request for an impartial hearing has been received, the impartial hearing
must continue unless the request for the impartial hearing is withdrawn. However, a party may request
an extension to an impartial hearing in order to pursue mediation.
Use of Guardians ad Litem at Impartial Hearings
Unless a surrogate parent has been previously appointed, the IHO must appoint a guardian ad
litem when he/she determines that the interests of the parent(s) are opposed to or inconsistent with
those of the student or whenever the interests of the student would be best protected by such
appointment.
Confidentiality
All issues relating to a request for and conduct of an Impartial Hearing must be kept confidential
by al District staff.
Administrative Procedures
Administrative procedures will be developed for the selection and appointment of an IHO
consistent with regulatory requirements.
Education Law Sections 4404(1) and 4410 (7)
8 New York Code of Rules and Regulations
(NYCRR) Section 200.1, 200.2, 200.5,
200.16, 200.21 and 201.11
Adopted: 12/09/03
2003
7680
Students
SUBJECT:
INDEPENDENT EDUCATIONAL EVALUATIONS
Parents of children with disabilities have the right under Federal and State regulations to obtain
an independent evaluation at public expense under certain conditions. Regulatory standards are
outlined in New York State Regulations of the Commissioner of Education Part 200.5(a)(1)(vi).
Additionally, the Federal Regulations (34 Code of Federal Regulations [CFR] 300.503) specify
requirements for an independent evaluation.
Administrative regulations on independent evaluations will be developed in order to explain the
rights of parents and the responsibilities of school districts with regard to independent evaluations, and
also to avoid any misunderstandings.
8 New York Code of Rules and Regulations
(NYCRR) Sections 200.1(z) and 200.5(g)
34 Code of Federal Regulations (CFR)
Sections 300.12 and 300.503
Adopted: 12/09/03
2003
7690
Students
SUBJECT:
SPECIAL EDUCATION MEDIATION
The District will offer mediation as an alternative to the impartial hearing process in disputes
regarding the provision of a free, appropriate public education for students identified by the
Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) as
having a disability, or students suspected of having a disability. Such mediation shall be conducted by
mediators furnished by a Community Dispute Resolution Center who are not employees of a school
district or program serving students with disabilities.
Mediators may not have a personal or
professional interest which would conflict with their objectivity in the mediation process.
Parents or persons in parental relationship to students suspected of or having disabilities will
receive written notice of the availability of the mediation program each time they receive notice of
their entitlement to the impartial hearing procedures in accordance with Federal and State law and
regulations.
Mediation will not operate to diminish or limit any rights provided for in law, including the right
of the parent or person in parental relationship to request an impartial hearing subsequent to mediation.
Parents or persons in parental relationship to students suspected of or having disabilities continue to
have full access to all rights, including due process procedures, provided in federal and state laws and
regulations. Similarly, mediation shall not be construed to limit a parent or person in parental
relationship from requesting an impartial hearing without having first utilized mediation procedures
set forth in Education Law.
34 Code of Federal Regulations (CFR)
Sections 300.500-300.515
Education Law Section 4404-a
Judiciary Law Section 849a
8 New York Code of Rules and Regulations (NYCRR)
Sections 200.1 and 200.5
Adopted: 12/09/03
2005
8000
Instruction
Auburn Enlarged City School District
NUMBER
CURRICULUM (GENERAL)
1.1 Curriculum Development, Resources and Evaluation ............................................... 8110
1.2 Request for Part 100 Variance or Part 200 Innovative Program Waiver From
Commissioner’s Regulations ..................................................................................... 8120
1.3 Equal Educational Opportunities ............................................................................... 8130
ELEMENTARY AND SECONDARY INSTRUCTION
2.1 Safety Conditions and Programs................................................................................ 8210
2.1.1
Prevention Instruction .................................................................................... 8211
2.1.2
Fire Drills, Bomb Threats and Bus Emergency Drills ...................................8212
2.2 Career and Technical Occupational Education .......................................................... 8220
2.3 Guidance Program .....................................................................................................8230
2.4 Other Programs
2.4.1
Patriotism, Citizenship and Human Rights Education...................................8241
2.4.2
Civility, Citizenship and Character Education/Interpersonal Violence
Prevention Education ..................................................................................... 8242
2.5 Evaluation of the Instructional Program ....................................................................8250
2.6 Title I Parent Involvement Policy .............................................................................. 8260
2.6.1
Student Computer Usage Policy ....................................................................8261
2.7 Instructional Technology ........................................................................................... 8270
2.7.1
Internet Content Filtering............................................................................... 8271
2.8 Instruction for Students with Limited English Proficiency .......................................8280
2005
8000
Instruction
NUMBER
INSTRUCTIONAL MATERIALS
3.1 Purposes of Instructional Materials ........................................................................... 8310
3.2 Selection of Library and Audiovisual Materials ........................................................ 8320
3.3 Objection to Instructional Materials .......................................................................... 8330
3.3.1
Controversial Issues ....................................................................................... 8331
3.4 Textbooks/Workbooks ............................................................................................... 8340
3.5 Use of Copyrighted Materials .................................................................................... 8350
3.6 School Ceremonies and Observances .......................................................................8360
3.7 Religious Expression in the Public Schools .............................................................. 8370
INSTRUCTIONAL ARRANGEMENTS
4.1 School Calendar and School Day .............................................................................. 8410
4.2 Opening Exercises and Pledge of Allegiance ............................................................ 8420
4.3 Independent Study .....................................................................................................8430
4.4 Homework ................................................................................................................. 8440
4.5 Home Tutoring Due to Long Term Absence ............................................................. 8450
4.6 Field Trips .................................................................................................................. 8460
4.7 Home Instruction (Permanent Instruction) ................................................................ 8470
4.8 Animals in the Schools (Instruction Purposes) .......................................................... 8480
2004
8110
Instruction
SUBJECT:
CURRICULUM DEVELOPMENT, RESOURCES AND EVALUATION
The Board of Education supports and encourages development of a District-wide, articulated
curriculum that conforms to state mandates and is responsive to the needs of children in a rapidly
changing society.
Curriculum Evaluation
The Board of Education shall direct a continuing evaluation of the curriculum as part of a
program of instructional improvement.
All aspects of the curriculum shall be subjected to a searching and critical analysis in an attempt
to improve the learning and growth of students.
The administrative staff shall evaluate the curriculum in a systematic manner, involving school
personnel and others as appropriate.
The administrative staff shall make periodic recommendations for action by the Board.
Education Law Sections 1709 and 3204
Adopted: 1/27/04
2004
8120
Instruction
SUBJECT:
REQUEST FOR PART 100 VARIANCE OR PART 200 INNOVATIVE
PROGRAM WAIVER FROM COMMISSIONER'S REGULATIONS
Consistent with the purposes of A New Compact for Learning, the Board of Education
encourages collaboration by teachers, administrators, parents and students of the District in developing
innovative educational programs and practices that will lead to greater achievement for all students.
Requests for a variance or waiver from the requirements in Part 100 and Sections 200.1/200.6,
respectively, of the Commissioner's Regulations must be approved by the local Board of Education
and signed by the Superintendent of Schools. An application may also be submitted by several
districts, or a combination of districts, BOCES and/or private schools, applying as a consortium.
Consortium applications must be approved by each participating local Board of Education and
Superintendent of Schools.
Subsequent to Board of Education approval, all applications must be forwarded to the District
Superintendent of Schools of which the local district is a part for review, consultation, and
recommendation prior to submission to the State Education Department. The District Superintendent
may provide technical assistance to the applicant and make recommendations to the State Education
Department. Interested applicants may also request technical assistance through their Regional
Education Coordinator.
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(n) and 200.6(k)
Adopted: 1/27/04
2004
8130
Instruction
SUBJECT:
EQUAL EDUCATIONAL OPPORTUNITIES
It is the policy of this District that each student attending its public schools shall have equal
educational opportunities and will not be excluded or prevented from participating in or having
admittance to the educational courses, programs or activities; school services; and extracurricular
events on the basis of race, color, creed, religion, national origin, political affiliation, sex, sexual
orientation, age, marital status, military status, disability, or use of a recognized guide dog, hearing
dog or service dog. Sexual orientation is defined as heterosexuality, homosexuality, bisexuality, or
asexuality, whether actual or perceived.
Administration shall establish grievance procedures that provide for the prompt and equitable
resolution of complaints pertaining to discrimination on the basis of race, color, creed, religion,
national origin, political affiliation, sex, sexual orientation, age, marital status, military status,
disability, or use of a recognized guide dog, hearing dog or service dog.
Prohibition of Retaliatory Behavior (Commonly Known as "Whistle-Blower" Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses,
and/or any other individuals who participated in the investigation of a complaint of discrimination.
Follow-up inquiries shall be made to ensure that discrimination has not resumed and that all those
involved in the investigation of the discrimination complaint have not suffered retaliation.
Age Discrimination in Employment Act, 29 United States Code Section 621
Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
Prohibits discrimination on the basis of disability.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Title VI of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000d et seq.
Prohibits discrimination on the basis of race, color or national origin.
Title VII of the Civil Rights Act of 1964, 42 United States Code (USC) Section 2000e et seq.
Prohibits discrimination on the basis of race, color, religion, sex or national origin.
Title IX of the Education Amendments of 1972, 20 United States Code (USC) Section 1681 et seq.
Prohibits discrimination on the basis of sex.
Civil Rights Law Section 40-c
Prohibits discrimination on the basis of race, creed, color, national origin, sex, marital status, sexual
orientation or disability.
Civil Service Law Section 75-B
Executive Law Section 290 et seq.
Prohibits discrimination on the basis of age, race, creed, color, national origin, sex, sexual orientation,
disability, military status, marital status, or use of a recognized guide dog, hearing dog or service dog.
Adopted: 1/27/2004
Amended: 6/26/2012
2004
8210
Instruction
SUBJECT:
SAFETY CONDITIONS AND PROGRAMS
The practice of safety will be considered an integral part of the instructional program through
fire prevention, emergency procedures and drills, driver education, and traffic and pedestrian safety.
Each principal will be responsible for the supervision of a safety program for his/her school.
The safety program may include, but not be limited to, in-service training, plant inspection,
personal safety, fire prevention, accident recordkeeping, driver and vehicle safety programs,
emergency procedures and drills, and traffic safety programs relevant to students, employees and the
community.
It shall be the duty of the Board of Education to provide inspections and supervision of the
health and safety aspects of the school facilities.
Education Law Sections 409, 409-a, 807-a, and 906
8 New York Code of Rules and Regulations
(NYCRR) Part 136 and Section 141.10
Adopted: 1/27/04
2004
8211
1 of 2
Instruction
SUBJECT:
PREVENTION INSTRUCTION
AIDS Instruction in Health Education
The Board of Education shall provide a health education program that will include appropriate
instruction for all students concerning Acquired Immune Deficiency Syndrome (AIDS). Accurate
information concerning the nature of the disease, methods of transmission, and means of prevention
shall be provided in an age-appropriate manner and shall be consistent with community values and
will stress that abstinence is the most appropriate and effective premarital protection against AIDS.
No student shall be required to receive instruction concerning the methods of prevention of
AIDS if the parent or legal guardian has filed with the school principal a written request that the
student not participate in such instruction, with an assurance that the student will receive this
instruction at home.
Substance Abuse-Prevention Instruction
The Board of Education recognizes the need to educate students on the hazards of alcohol,
tobacco and/or drug abuse. A prevention program will be developed to inform students of:
a)
Causes for substance abuse;
b)
Physical and psychological damage associated with substance abuse;
c)
Avoidance of alcohol, tobacco and drugs.
d)
Dangers of driving while under the influence of alcohol or drugs.
Environmental Conservation Instruction
The Board of Education supports and encourages the development of a District-wide, articulated
curriculum of environmental conservation integrated into other program disciplines.
Fire and Arson Prevention Instruction
The Board of Education directs the administration to provide instruction in fire and arson
prevention for all students in each school.
Student Safety
Instruction in courses in technology education, science, home and career skills, art and physical
education, health, and safety shall include and emphasize safety and accident prevention.
(Continued)
2004
8211
2 of 2
Instruction
SUBJECT:
PREVENTION INSTRUCTION (Cont'd.)
Safety instruction shall precede the use of materials and equipment by students in applicable
units of work in the courses listed above, and instructors shall teach and enforce all safety procedures
relating to the particular courses. These shall include the wearing of protective eye devices in
appropriate activities.
Emergency Planning
The School District shall maintain updated plans and operating procedures to be followed in the
event of natural or manmade disasters or enemy attack. Students shall be provided instruction to
respond effectively in emergency situations.
Instruction on Prevention of Child Abduction
All students in grades K through 8 in District schools shall receive instruction designed to
prevent the abduction of children. Such instruction shall be provided by or under the direct supervision
of regular classroom teachers and the Board of Education shall provide appropriate training and
curriculum materials for the regular classroom teachers who provide such instruction. However, at the
Board's discretion, such instruction may be provided by any other public or private agency.
For purposes of developing such courses of study, the Board of Education may establish local
advisory councils or utilize the school-based shared decision making and planning committee
established pursuant to the Regulations of the Commissioner to make recommendations concerning
the content and implementation of such courses. Alternatively, the District may utilize courses of
instruction developed by consortia of school districts, boards of cooperative educational services, other
school districts, or any other public or private agency. Such advisory council shall consist of, but not
be limited to, parents, school trustees and Board members, appropriate school personnel, business and
community representatives, and law enforcement personnel having experience in the prevention of
child abduction.
AIDS Instruction: 8 New York Code of Rules and
Regulations (NYCRR) Sections 135.3(b)(2) and (c)(2)
Substance Abuse: Education Law Section 804
8 New York Code of Rules and Regulations
(NYCRR) Section 135.3(a)
Student Safety: Education Law Section 808
8 New York Code of Rules and Regulations
(NYCRR) Sections 107 and 155
Fire and Arson: Education Law Section 808
Civil Preparedness: New York State
Office of Disaster Preparedness
Prevention of Child Abduction:
Education Law Section 803-a
Adopted: 1/27/04
2004
8212
1 of 3
Instruction
SUBJECT:
FIRE DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS
Fire Drills
The administration of each school building shall provide instruction for and training of students,
through fire drills, in procedures for leaving the building in the shortest possible time and without
confusion or panic.
Fire drills shall be held at least twelve (12) times in each school year; eight (8) of these shall be
held between September 1 and December 1. At least one-third (1/3) of all such required drills shall be
through use of the fire escapes on buildings where fire escapes are provided. At least one (1) of the
twelve (12) drills shall be held during a regular lunch period, or shall include special instruction on the
procedures to be followed if a fire occurs during a student's lunch period.
At least two (2) additional drills shall be held during summer school in buildings where summer
school is conducted and one (1) of these drills shall be held during the first week of summer school.
After-School Programs
The Building Principal or his/her designee shall require those in charge of after-school programs,
attended by any individuals unfamiliar with the school building, to announce at the beginning of such
programs the procedures to be followed in the event of an emergency.
Bomb Threats
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat should
be treated as a hoax when it is first received. The school has an obligation and responsibility to ensure
the safety and protection of the students and other occupants upon the receipt of any bomb threat. This
obligation must take precedence over a search for a suspect object. Prudent action is dependent upon
known information about the bomb threat - location, if any; time of detonation; etc. If the bomb threat
is targeted at the school parking lot or the front of the school, building evacuation may not be an
appropriate response. If the bomb threat indicates that a bomb is in the school, then building
evacuation is necessary unless the building has been previously inspected and secured in accordance
with State Education Department Guidelines. Specific procedures can be found in the building level
school plan, as required by Project SAVE.
The decision to evacuate a building or to take shelter is dependent upon information about where
the bomb is placed and how much time there is to reach a place of safety. Prudent action dictates that
students and other occupants be moved from a place of danger to a place of safety. Routes of egress
and evacuation or sheltering areas must be thoroughly searched for suspicious objects before ordering
(Continued)
2004
8212
2 of 3
Instruction
SUBJECT:
FIRE DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS (Cont'd.)
an evacuation. Failure to properly search evacuation routes before an evacuation takes place can
expose students and staff to more danger than remaining in place until the search has taken place.
Assistance is available from local police agencies and the New York State Police to train staff to check
evacuation routes.
Police Notification and Investigation
A bomb threat to a school is a criminal act, which is within the domain and responsibility of law
enforcement officials. Appropriate State, county, and/or local law enforcement agencies must be
notified of any bomb threat as soon as possible after the receipt of the threat. Law enforcement
officials will contact, as the situation requires, fire and/or county emergency coordinators according to
the county emergency plan.
Therefore, the building administrator or designee is to notify local law enforcement officials and
follow established procedures to move all occupants out of harm's way.
Implementation
The Board of Education directs the Superintendent or his/her designee to develop administrative
regulations to implement the terms of this policy. Additionally, such regulations are to be incorporated
in the District-wide School Safety Plan and the building level school safety plan, with provisions to
provide written information to all staff and students regarding emergency procedures by October 1 of
each school year, an annual drill to test the emergency response procedures under each of its building
level school safety plans; and the annual updating of the District-wide and building level school safety
plans, by July 1, as mandated pursuant to law and/or regulation.
Bus Emergency Drills
The Board of Education directs the administration to conduct a minimum of three (3) emergency
drills to be held on each school bus during the school year. The first drill is to be conducted during the
first seven (7) days of school, the second drill between November 1 and December 31, and the third
drill between March 1 and April 30. No drills shall be conducted when buses are on routes.
Students who ordinarily walk to school shall also be included in the drills. Students attending
public and nonpublic schools who do not participate in regularly scheduled drills shall also be
provided drills on school buses, or as an alternative, shall be provided classroom instruction covering
the content of such drills.
Each drill shall include instruction in all topics mandated by the Education Law and the
Commissioner's Regulations and shall include, but will not be limited to, the following:
(Continued)
2004
8212
3 of 3
Instruction
SUBJECT:
FIRE DRILLS, BOMB THREATS AND BUS EMERGENCY DRILLS (Cont'd.)
a)
Safe boarding and exiting procedures with specific emphasis on when and how to
approach, board, disembark, and move away from the bus after disembarking;
b)
The location, use and operation of the emergency door, fire extinguishers, first aid
equipment and windows as a means of escape in case of fire or accident;
c)
Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When a school bus is equipped with seat safety belts, the District shall ensure that all students
who are transported on such school bus owned, leased or contracted for by the District or BOCES
shall receive instruction on the use of seat safety belts. Such instruction shall be provided at least three
(3) times each year to both public and nonpublic school students who are so transported and shall
include, but not be limited to:
a)
Proper fastening and release of seat safety belts;
b)
Acceptable placement of seat safety belts on students;
c)
Times at which the seat safety belts should be fastened and released; and
d)
Acceptable placement of the seat safety belts when not in use.
Education Law Sections 807, 2801-a and 3623
Penal Law Sections 240.55, 240.60 and 240.62
8 NYCRR Sections 155.17, 156.3(f), 156.3(g) and 156.3(h)(2)
Adopted: 1/27/2004
Amended: 1/08/2013
2004
8220
Instruction
SUBJECT:
CAREER AND TECHNICAL OCCUPATIONAL EDUCATION
The Board of Education recognizes the need for career and technical education and reaffirms its
policy of strengthening the local high school career and technical education program through
utilization of any available federal and state funds for that purpose and of supporting the BOCES
program.
Equal Opportunity
The Board of Education prohibits discrimination on the basis of sex, race, color, national origin
or disability in any career and technical education program or activity of this District.
The career and technical education program and/or activities shall be readily accessible to
students with disabilities.
Public Notification
Prior to the beginning of each school year or academic semester, the District shall issue an
appropriate public announcement which advises students, parents, employees and the general public
that career and technical education opportunities will be offered without regard to sex, race, color,
national origin or disability. Included in such announcement will be the name, address, and telephone
number of the person designated to coordinate Title IX/Section 504/ADA activities.
Grievance Procedure
Grievance procedures for resolving complaints regarding discrimination based on sex and/or
disability shall be disseminated to adequately inform students, parents and employees of the existence
of these procedures.
BOCES Advisory Council
In accordance with Education Law, the Advisory Council of the BOCES is designated as the
local Advisory Council for career and technical education in the School District.
Education Law Article 93
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.2(h) and 141 et seq.
Adopted: 1/27/04
2004
8230
Instruction
SUBJECT:
GUIDANCE PROGRAM
A District plan for the K-12 guidance program shall be filed in the District office and made
available for public review. This plan shall be subject to annual review and revised as necessary in the
following areas:
a)
b)
c)
d)
Identification of guidance program objectives;
Activities to accomplish the objectives;
Identification of staff members and other resources to accomplish the objectives;
Provisions for the annual assessment of program results.
Guidance Program (K-6)
A coordinated guidance program in grades K-6 shall be developed and implemented to:
a)
Prepare students to participate effectively in their current and future educational programs;
b)
Help those students exhibiting any attendance, academic, behavioral or adjustment
problems;
c)
Educate students concerning avoidance of child sexual abuse; and
d)
Encourage parental involvement.
Guidance Program (7-12)
A coordinated guidance program in Grades 7-12 shall be developed and implemented including
the following activities and services:
a)
Each student's educational progress and career plans will be reviewed annually;
b)
Instruction at each grade level to help students learn about various careers and career
planning skills;
c)
Other advisory and counseling assistance which will benefit students such as: helping
students develop and implement postsecondary education and career plans; helping those
students exhibiting any behavioral or adjustment problems; and encouraging parental
involvement;
d)
Employment of personnel certified or licensed as school counselors.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(j)
Adopted: 1/27/04
2004
8241
Instruction
SUBJECT:
PATRIOTISM, CITIZENSHIP AND HUMAN RIGHTS EDUCATION
In order to promote a spirit of patriotic and civil service and obligation, as well as to foster in
students of the District moral and intellectual qualities which are essential in preparing them to meet
the obligations of citizenship, the Board requires students attending District schools, over the age of
eight years, to attend instructional courses in patriotism, citizenship, and human rights issues, with
particular attention to the study of the inhumanity of genocide, slavery, the Holocaust, and the mass
starvation in Ireland from 1845 to 1850 (the "Irish Potato Famine").
The Board also directs that all students attending District schools in grades eight through twelve
receive instruction in the history, meaning, significance and effect of the United States Constitution,
the New York State Constitution, and the Declaration of Independence.
The curricula for such courses must include the subjects specified by the Board of Regents and
be for the period of instruction, as mandated by the Regents, which is necessary in these subjects in
each of the appropriate grades.
Education Law Section 801
NOTE:
Refer also to Policy #8242 -- Civility, Citizenship and Character Education/Interpersonal
Violence Prevention Education
Adopted: 1/27/04
2004
8242
1 of 2
Instruction
SUBJECT:
CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/
INTERPERSONAL VIOLENCE PREVENTION EDUCATION
Civility, Citizenship and Character Education
The Board of Education recognizes that teaching students respect, civility and understanding
toward others, as well as the practice and reinforcement of appropriate behavior and values of our
society, is an important function of the School System.
The School District wishes to foster an environment where students exhibit behavior that
promotes positive educational practices, allows students to grow socially and academically, and
encourages healthy dialogue in respectful ways. By presenting teachers and staff as positive role
models, the District stresses positive communication and discourages disrespectful treatment. This
policy is not intended to deprive and/or restrict any student of his/her right to freedom of expression
but, rather, seeks to maintain, to the extent possible and reasonable, a safe, harassment free and
educationally conducive environment for our students and staff.
Furthermore, the District shall ensure that the course of instruction in grades K through 12
includes a component on civility, citizenship and character education in accordance with Education
Law. Character education is the deliberate effort to help students understand, care about, and act upon
core ethical values.
Character education shall instruct students on the principles of:
a)
Honesty;
b)
Tolerance;
c)
Personal responsibility;
d)
Respect for others;
e)
Awareness and sensitivity to discrimination and/or harassment as defined in the Dignity for
All Students Act (DASA);
f)
Civility in relation to people of different races, weights, national origins, ethnic groups,
religions, religious practices, physical or mental abilities, sexual orientations, genders or
sexes;
g)
Observance of laws and rules;
h)
Courtesy; and
(Continued)
2004
8242
2 of 2
Instruction
SUBJECT:
i)
CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/
INTERPERSONAL VIOLENCE PREVENTION EDUCATION (Cont'd.)
Dignity, and other traits which will enhance the quality of students' experiences in, and
contributions to, the community.
As determined by the Board of Regents, and as further enumerated in Commissioner's
Regulations, the components of character education shall be incorporated in existing School District
curricula as applicable.
The District encourages the involvement of staff, students, parents and community members in
the implementation and reinforcement of character education in the schools.
Education Law Sections 801 and 801-a
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(c)
Interpersonal Violence Prevention Education
The District will utilize the interpersonal violence prevention education package provided by the
State Education Department. These materials will be incorporated as part of the health or other related
curricula or programs for students in grades K through 12.
Education Law Section 804(4)
Adopted: 1/27/2004
Amended: 6/12/2012
2004
8242
2 of 2
Instruction
SUBJECT:
CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/VIOLENCE
PREVENTION EDUCATION (Cont'd.)
The District encourages the involvement of staff, students, parents and community members in
the implementation and reinforcement of character education in the schools.
Education Law Sections 801 and 801-a
Violence Prevention Education
As modified by the Board of Regents, the health curriculum requirements shall provide greater
focus on the development of skills, by no later than middle school, that are needed to recognize, cope
with and address potentially violent incidents, including an understanding of the student's roles in
emergency situations, what to do when confronted with another student who is experiencing a mental
health problem, and other related skills designed to reduce the threat of violence in the schools.
Education Law Section 804(4)
2004
8250
Instruction
SUBJECT:
EVALUATION OF THE INSTRUCTIONAL PROGRAM
Evaluation may be concerned with the extent to which:
a)
Each student achieves in accordance with his/her ability;
b)
Each staff member performs at full potential;
c)
The total learning environment, including instructional processes, physical facilities, and
the educational program, remains consistent with the needs of students and the larger
society and contributes to the accomplishment of the goals of the school.
The Board of Education expects staff members to maintain a continual program of evaluation at
every level to determine the extent of progress toward the schools' objectives. The Board of Education
will periodically request the Superintendent to present factual information that it considers necessary
to evaluate the effectiveness of the School System.
8 New York Code of Rules and Regulations
(NYCRR) Section 100.2(m)
Adopted: 1/27/04
2004
8260
Instruction
SUBJECT:
PARENT INVOLVEMENT POLICY
The Board of Education recognizes the rights of parents/persons in parental relation to be fully informed of
all information relevant to their children, including children who participate in programs and projects funded by
Title I. Therefore, the Board of Education encourages the participation of parents of students eligible for Title I
services in all aspects of their child’s education, including the development and implementation of District
programs, as well as activities and procedures that are designed to carry out No Child Left Behind (NCLB) parent
involvement goals.
District –Wide Parental Involvement Policy
In order to facilitate parental participation, in accordance with NCLB requirements, as outlined in the
Elementary and Secondary Education Act, and in accordance with USC section 6318 (a) (2) the District will:
a) Involve parents in the joint development of the Title I plan under section 6312 of this title, and the
process of school review and improvement under section 6316 of this title. If the plan is not
satisfactory to the parents of children participating in Title I programs, the District will submit any
parent comments to the State Education Department along with the district’s plan;
b) Provide the coordination, technical assistance, and other support necessary to assist participating
schools in planning and implementing effective parent involvement activities to improve student
academic achievement and school performance;
c) Build the schools' and parents' capacity for strong parental involvement through implementing and
encouraging participation in appropriate parental involvement activities;
d) Conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the
parental involvement policy in improving the academic quality of the Title I schools. The evaluation
shall include identifying barriers to greater participation by parents in activities under the policy and use
the findings of the evaluation to design strategies for more effective parental involvement and, to revise,
if necessary, the parental involvement policies at the District and school levels.
e) Involve parents in the activities of the Title I schools.
f) Involve parents of children in Title I programs in decisions regarding how funds reserved for parental
involvement activities are spent.
School-Level Parent Involvement Policy
In accordance with USC Section 6318 (c), the Board of Education directs each school receiving Title
I funds to ensure that a building level parental involvement plan is developed with the participation of that
school’s parents. In addition to the goals stated above, each school building level plan will describe the
details to:
a) Convene an annual meeting, at a convenient time, to inform parents of their school's participation under
Title I program and to explain Title I requirements, and the right of the parents to be involved. All
parents of children participating in Title I programs shall be invited and encouraged to attend the
meeting;
(continued)
2004
8260
Instruction
SUBJECT:
TITLE I PARENT INVOLVEMENT POLICY
b) Involve parents in an organized, ongoing, and timely way in the planning, review, and improvement of
Title I programs and the school parental involvement policy;
c) Provide parents of participating children with timely information about programs, a description and
explanation of the curriculum in use in Title I programs, the forms of academic assessment used to
measure student progress, the proficiency levels students are expected to meet, and if requested by
parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate,
in decisions relating to the education of their children and respond to any such suggestions as soon as
practicably possible;
d) Provide parents/guardians with reports on their children’s progress;
In carrying out the parental involvement requirements, the District and schools, to the extent
practicable, shall provide full opportunities for the participation of parents with limited English proficiency,
parents with disabilities, and parents of migratory children, including providing information and school
reports required under Section 6311 of the Elementary and Secondary Education Act in a format and, to the
extent practicable, in a language such parents understand.
In addition to the above, the District shall, jointly and in agreement with parents of students receiving
Title I services, establish expectations for parent involvement in Title I programs in accordance with
Section 1118(a) of the Improving America’s Schools Act of 1994. Similarly, each Title I school within the
District shall establish building level school/parent involvement policies in accordance with Section
1118(b). Such school/parent policies shall include, where applicable, school/parent compacts outlining how
parent, the entire school staff, and students will share the responsibility for improved student achievement
and the means by which the school and parents will build and develop a partnership to help students achieve
the state’s high standards.
Comparability of Services
The School District shall ensure equivalence among the schools in the District of the same grade span
and levels of instruction with regard to teachers, administrators and auxiliary personnel as well as
equivalence in the provision of curriculum materials and instructional supplies in Title I programs.
Title I of the Elementary and Secondary Education Act of 1965
(ESEA) as amended by the No Child Left Behind Act of 2001; 20
United States code (USC) Sections 6318 and 6321; 34 Code of
Federal Regulations (CFR) Parts 74-86; 97-99; and 200
Adopted: 1/27/2004
Amended: 2/27/2007
1999
8261
1 of 4
Instruction
SUBJECT:
STUDENT COMPUTER USAGE POLICY
Education Purpose
a)
Computers and computer network have been established for educational purposes. The term
“educational purposes” includes classroom activities, career development, and limited highquality self-discovery activities.
b)
The computers have not been established as a public access service or a public forum. The
Auburn Enlarged City School District has the right to place reasonable restrictions on the
material a student may access or post through the system. All students are also expected to
follow the rules set forth in (disciplinary code) and the law in their use of the computer system.
c)
Students may not use the computer for commercial purposes. This means that they may not
offer, provide, or purchase products or services through the computer system.
d)
Students may not use computers for political lobbying. But they may use the system to
communicate with elected representatives and to express their opinion on political issues.
Unacceptable Usage
a)Students may not post personal contact information about themselves or other people. Personal
contact information includes a student address, telephone, school addresses, work address, etc.
b)
Students may not attempt to gain unauthorized access to any other computer system or go
beyond their authorized access. This includes attempting to log in through another person’s
account or access another person’s files. These actions are illegal, even if only for the
purposes of ‘browsing.”
c) Students will not make deliberate attempts to disrupt the computer system or destroy data by
spreading computer viruses or by any other means.
d) Students will not use the computer to engage in any other illegal act, such as arranging for a
drug sale or the purchase of alcohol, engaging in criminal gang activity, threatening the safety
of a person(s), etc.
e)
Students will not use obscene, profane, lewd, vulgar, rude, inflammatory, threatening, or
disrespectful language. Restrictions against inappropriate language apply to public messages,
private messages, and material posted on Web pages.
f)
Students will not post information that could cause damage or a danger of disruption.
(Continued)
1999
8261
2 of 4
Instruction
SUBJECT:
STUDENT COMPUTER USAGE POLICY
(continued)
g)
Students will not post private information about another person.
h)
Students will not engage in personal attacks, including prejudicial or discriminatory attacks.
i)
Students will not knowingly or recklessly post false or defamatory information about a person
or organization.
Student Internet Access
a)
All students will have teacher supervised access to Internet World Wide Web information
resources through their classroom, library, or school computer lab.
b)
Students may create Web pages. All material placed on our Web server must be approved and
uploaded by their teacher in a manner specified by the school.
c)
Students may not use the computer to access material that is profane or obscene (pornography),
that advocates illegal acts, or that advocates violence or discrimination towards other people
(hate literature). A special exception may be made for hate literature if the purpose of the
access is to conduct research and both the teacher and parent have approved.
d)
Students will not download files unless approval has been granted by their instructor. If
permitted, the student must download the file to their personal folder on the server or to a
portable media device.
e)
If a student mistakenly accesses inappropriate information, they should immediately tell a
teacher or another District employee (or disclose this access in the manner specified by their
school). This will protect them against a claim that they have intentionally violated this Policy.
f)
Students’ parents should instruct them if there is additional material that the parents think
would be inappropriate for their child to access. The district fully expects that students will
follow their parent’s instructions in this matter.
(Continued)
1999
8261
3 of 4
Instruction
SUBJECT: STUDENT COMPUTER USAGE POLICY
(continued)
System Security
a)
Students are responsible for their individual account and should take all reasonable precautions
to prevent others from being able to use their account. Under no conditions should a student
provide their password to another person.
b)
Students must immediately notify a teacher or administrator if they have identified a possible
security problem. Do not go looking for security problems, because this may be construed as
an illegal attempt to gain access.
Plagiarism and Copyright Infringement
a)
Students will not plagiarize works that they find on the Internet. Plagiarism is taking any
digital information, media, or images of others and presenting them as if they were theirs.
b)
Students will respect the rights of copyright owners. Copyright infringement occurs when
someone inappropriately reproduces a work that is protected by a copyright. If a work contains
language that specifies appropriate use of that work, the student should follow the expressed
requirements. If the student is unsure whether or not they can use a work, they should request
permission from the copyright owner. Copyright law can be very confusing. If the student has
questions have them ask a teacher.
Free Speech
Students right to free speech, as set forth in the (disciplinary code), applies also to their
communication on the Internet. The computer network is considered a limited forum, similar to the
school newspaper, and therefore the District may restrict a student’s speech for valid educational
reasons. The District will not restrict a student’s speech on the basis of a disagreement with the
opinions they are expressing.
Search and Seizure
a)
Routine maintenance and monitoring of the computer network may lead to discovery that the
student has violated this Policy, the (disciplinary code), or the law.
b)
An individual search will be conducted if there is reasonable suspicion that a student has
violated this Policy, the (disciplinary code), or the law. The investigation will be reasonable
and related to the suspected violation.
(Continued)
1999
8261
4 of 4
Instruction
SUBJECT: STUDENT COMPUTER USAGE POLICY (continued)
Search and Seizure
c)
The Administration has the right at any time to request to see the contents the districts servers,
E-mail files or contents of a hard drive.
Due Process
a)
The District will cooperate fully with local, state, or federal officials in any investigation
related to any illegal activities conducted through the network.
b)
In the event there is a claim that a student has violated this Policy or (disciplinary code) in use
of the computer system, they will be provided with a written notice of the suspected violation
and an opportunity to present an explanation before a neutral administrator [or - will be
provided with notice and opportunity to be heard in the manner set forth in the (disciplinary
code)].
c)
If the violation also involves a violation of other provisions of the (disciplinary code), it will be
handled in a manner described in the (disciplinary code). Additional restrictions may be placed
on the students use of their Internet account.
Limitation of Liability
The District makes no guarantee that the functions or the services provided by or through the District
system will be error-free or without defect. The District will not be responsible for any damage they
may suffer, including but not limited to, loss of data or interruptions of service. The District is not
responsible for financial obligations arising through the unauthorized use of the system.
The appearance of any hyperlink to an external Web site or server indicates that the Auburn Enlarged
City School District has identified that Web site as having educational value. The Auburn Enlarged
City School District does not control or guarantee the content of these sites and makes no claim that
they will comply with District policies.
Adopted:
Amended:
03/23/1999
11/27/2007
2004
8270
Instruction
SUBJECT:
INSTRUCTIONAL TECHNOLOGY
The Board of Education recognizes its responsibility to further the District's educational goals
through the use of appropriate and high quality technological materials and equipment. For the
purpose of this policy, technology refers to computers, interactive videodiscs, Compact Disc-Read
Only Memory (CD-ROM) devices, local area networks, satellite transmission and other continually
evolving communications equipment.
Continuing advances in technology are bringing about changes that have an increasing impact on
the way we obtain, process, evaluate and use information. Therefore, the District is committed to:
a)
A comprehensive staff development program to ensure appropriate and effective use of
technology.
b)
The preparation of students to utilize multiple types of technology.
c)
The integration of technology within and across all curriculum areas.
d)
The equitable distribution and access to technological equipment and materials for all
students.
e)
The promotion of technology as an alternative to traditional methods of gathering,
organizing and synthesizing information.
f)
The provision of sufficient funds, within the budgetary constraints of the Board, for the
implementation of technology instruction.
The Board directs the Superintendent or his/her designee to assess the technological needs of the
District's instructional program, research and review current materials and make recommendations to
the Board.
Adopted: 1/27/04
2004
8271
Instruction
SUBJECT:
INTERNET CONTENT FILTERING
The School District, in accordance with the provisions of the Children's Internet Protection Act,
requires all District computers with Internet access that are used by elementary and secondary students
and staff to be equipped with filtering or blocking technology within one week of installation.
No filtering technology can guarantee that students and staff will be prevented from accessing all
inappropriate locations. Proper supervision will be provided to all students while accessing the Internet
to further ensure appropriate usage. Under certain supervised circumstances, authorized personnel may
override the filtering/blocking technology for a limited, prescribed period of time to assist students or
staff with special projects or research
The School District shall provide certification to document the installation of filtering/blocking
technology for its computers with Internet access for students and staff. This certification will fulfill
the requirements under the Children's Internet Protection Act to ensure the continuation of federal
Universal Service Discounts.
17 United States Code (USC) Section 1701 et seq.
47 United States Code (USC) Section 254(h)(5) and (6)
NOTE:
Refer also to Policies #6470 – Staff Use of Computerized Information Resources
#7314 – Student Use of Computerized Information Resources
Adopted: 1/27/04
2004
8280
Instruction
SUBJECT:
INSTRUCTION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY
The Board of Education recognizes its responsibility to ensure that students of foreign birth or
ancestry, who have limited English proficiency, are provided with an appropriate program of bilingual
transitional education or a free-standing program of instruction composed of English as a Second
Language component. Regulations and procedures shall be developed pursuant to the Regulations of
the Commissioner to:
a)
Identify those students with limited English proficiency by means of a diagnostic screening
of new entrants and provide a program of bilingual education or English as a Second
Language for eligible students. A plan shall be developed to meet the educational needs of
each student and proficiency will be measured annually by a language assessment
instrument in order to determine further participation by a student. The plan will include
assessment of each student's performance in content areas to measure the student's
academic progress. State mandated tests may be offered in a student's native language.
b)
Ensure that such students have access to appropriate instructional and support services,
including guidance programs pursuant to Commissioner's Regulations and the opportunity
to participate in District educational programs, including all existing extracurricular
programs and activities, which are available to all other students enrolled in the public
schools of the District.
A student whose score on an English language assessment instrument as specified in Section
154.2(a) of the Commissioner's Regulations is a result of a disability shall be provided special
education programs and services in accordance with the individualized education program (IEP)
developed for such student and shall also be eligible for services pursuant to Part 154 of the
Commissioner's Regulations when these services are recommended in the IEP.
The parent/guardian of a student identified as limited English proficient shall be informed in
his/her native language, if necessary, of the student's placement in an instructional program.
The Superintendent shall ensure that all data required by the Commissioner's Regulations is
submitted to the State Education Department in a timely manner.
Education Law Section 3204(2)(2-a)
8 New York Code of Rules and Regulations
(NYCRR) Sections 80.9, 100.2(g), 117, and 154
Adopted: 1/27/04
2004
8310
Instruction
SUBJECT:
PURPOSES OF INSTRUCTIONAL MATERIALS
The purpose of instructional materials shall be to implement, enrich, and support the educational
program of the school.
Instructional materials should contribute to the development of positive social and intellectual
values of the students.
The Board of Education shall provide the faculty and students in the District with such
instructional materials as are educationally needed and financially feasible to make the instructional
program meaningful to students of all levels of ability.
Education Law Section 701
NOTE:
Refer also to Policies #8130 – Equal Educational Opportunities
#8220 – Career and Technical Occupational Education
Adopted: 1/27/04
2004
8320
Instruction
SUBJECT:
SELECTION OF LIBRARY AND AUDIOVISUAL MATERIALS
The Board of Education agrees that the responsibility of the school library is:
a)
To provide materials that will enrich and support the curriculum, taking into consideration
the varied interests, abilities and maturity levels of the students served.
b)
To provide materials that will stimulate growth in factual knowledge, literary appreciation,
aesthetic values and ethical standards.
c)
To provide a background of information that will enable students to make intelligent
judgments in their daily lives.
d)
To provide materials on opposing sides of controversial issues so that young citizens may
develop, under guidance, the practice of critical reading and thinking.
e)
To provide materials representative of the many religious, ethnic, and cultural groups and
their contribution to our American heritage.
f)
To place principle above personal opinion and reason above prejudice in the selection of
materials of the highest quality in order to assure a comprehensive collection appropriate
for the users of the library.
g)
To provide technological resources for research, learning, and reporting.
In interpreting these principles, the following will apply:
a)
Broad and varied collections will be developed systematically by the librarian and the
audiovisual specialist, based on recommendations of the professional staff and suggestions
of students and parents. Final approval will be made by the building principal.
b)
Qualitative standards of selection involving factual accuracy, authoritativeness, artistic
quality and appeal will be applied by librarians and audiovisual specialists before
purchases are made.
c)
Materials will not be excluded because of the race, nationality, political opinions or
religious views of the author.
d)
Materials will be continuously re-evaluated in relation to changing curriculum and
instructional needs. Worn out, out-dated materials will be discarded.
Rules of the Board of Regents Section 21.4
Adopted: 1/27/04
2004
8330
Instruction
SUBJECT:
OBJECTION TO INSTRUCTIONAL MATERIALS
Any criticism of instructional materials that are in the schools should be submitted in writing to
the Superintendent. The Board of Education will be informed. A committee, including the librarian
and building principal, will be designated by the Superintendent to investigate and judge the
challenged material according to the principles and qualitative standards stated in Policy #8320 -Selection of Library and Audiovisual Materials.
Curriculum Areas in Conflict With Religious Beliefs
Students shall be given the option to be excused from participating in those parts of an activity,
program, or area of instruction involving a religious theme which conflicts with their own religious
beliefs or that of their parents/guardians in accordance with applicable law and regulations.
Alternatives may be provided that are of comparable instructional value.
Education Law Section 3204(5)
Adopted: 1/27/04
2004
8331
Instruction
SUBJECT:
CONTROVERSIAL ISSUES
Controversial issues may be studied as part of the curriculum and teachers shall present these
issues in their classrooms in an impartial and objective manner.
Teachers wishing to call upon outside speakers in the presentation of controversial issues are
required to obtain the approval of the principal who shall keep in mind the obligation for presenting
opposing views as well, and who shall inform the Superintendent prior to the presentation.
It is recognized that parents and citizens of the community have a right to protest to the school
administration when convinced that unfair and biased presentations are being made by the teacher. In
considering such protests, the Superintendent of Schools shall provide for a hearing so that both
parties may fairly express their views. If requested, the Superintendent's decision may be appealed to
the Board of Education.
Adopted: 1/27/04
2004
8340
Instruction
SUBJECT:
TEXTBOOKS/WORKBOOKS
The Board of Education shall make provision for funds to be budgeted for the purchase of
instructional materials.
Upon the recommendation of the Superintendent of Schools, the Board of Education shall
designate the textbooks to be used.
Students will be required to pay for lost books or for excessive damage to books.
Textbooks for Resident Students Attending Private Schools
Resident students attending non-public schools will be supplied non-sectarian textbooks in
accordance with the requirements of Education Law.
Education Law Section 701 et seq.
Adopted : 1/27/04
2004
8350
Instruction
SUBJECT:
USE OF COPYRIGHTED MATERIALS
It is the intent of the Board of Education to abide by the provisions of the United States
Copyright Law (Title 17 United States Code Section 101 et seq.).
All employees are prohibited from copying materials not specifically allowed by the copyright
law, fair use guidelines, licenses or contractual agreements, or the permission of the copyright
proprietor.
Any employee who willfully disregards the copyright policy shall be in violation of Federal
Copyright Laws and District policy and shall assume all liability.
A copyright officer may be appointed by the Superintendent to provide information for all
personnel regarding current copyright law and to maintain copyright records.
Regulations and procedures shall be developed by the administration detailing what can and
cannot be copied. Appropriate copyright notices will be placed on or near all equipment used for
duplication.
Title 17 United States Code (USC)
Section 101 et seq.
Adopted : 1/27/04
2004
8360
Instruction
SUBJECT:
SCHOOL CEREMONIES AND OBSERVATIONS
The Board of Education recognizes the value of certain ceremonies and observances in
promoting patriotism and good citizenship among the students. Therefore, activities in schools
commemorating national holidays such as Memorial Day, Thanksgiving and President's Day are
encouraged.
The Board remains impartial with regard to religion. Students, faculty and administration are
reminded of the plurality religious beliefs and are urged to be conscious of and respect the sensitivities
of others. Use of school facilities will be in accordance with Federal and State Law.
Notwithstanding, the Board recognizes that activities related to the celebration of religious
holidays may present an excellent opportunity to teach about religion and foster respect and
understanding among students. In addition, educational goals sometimes require the presentation of
material with religious themes. Therefore, activities related to the observance of religious holidays
will be permitted to the extent that they foster appropriate educational goals and are conducted in an
unbiased and objective manner, focusing on the origins of the holiday, its history, and the generally
agreed upon meaning of the holiday observance.
In planning activities related to a religious holiday or theme, special effort should be made to
ensure that the activity is not devotional and students of all faiths can join without feeling that they are
betraying their own beliefs.
The display of religious objects or symbols is also prohibited except to the extent that it is used
as a teaching aide or resource to provide examples of culture and religious heritage within the context
of a short-term study in the curriculum such as world religious, art or history. Symbols which are
secular and seasonal in nature, such as Santa Clause and Easter bunnies, can be displayed in a seasonal
context without reference to religion.
Students shall be given the option to be excused from participating in those parts of a program or
curriculum involving a religious theme which conflicts with their own religious beliefs.
Adopted : 1/27/04
2004
8370
1 of 2
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS
The Board of Education acknowledges the importance of religion to the understanding of society
and the richness of the human experience. In approaching the teaching about religion in the school,
the District will be guided by three concepts when making decisions about the appropriateness of
activities for inclusion in the school program: the activity should have a secular purpose; the activity
should neither advance nor inhibit religion; and the activity must not foster an excessive entanglement
of "government" with religion.
Nurturing the development of knowledge and respect for the rights of all cultural and religious
groups is a continuing goal of the School District. Students, faculty and administration are reminded
of the pluralism of religious beliefs and are urged to be conscious of and respect the sensitivity of
others.
Opportunities to learn about cultural and religious traditions should be provided within the
framework of the curriculum. Information about religious and cultural holidays and traditions
focusing on how and when they are celebrated, their origins and histories should be part of this
instruction. This educational opportunity should be handled with great care, sensitivity and respect for
the feelings and beliefs of individuals.
An environment should be created and encouraged where students of various ethnic backgrounds
feel comfortable in sharing comments about their religious and cultural traditions. No student should
be singled out to share or participate in such discussions solely on the basis of that student's
identification with the cultural/religious heritage being addressed. A student's preference not to share
or participate in such discussions should be honored and respected without penalty.
School Activities Related to Religious Holidays or Themes
School activities related to the teaching about religious holidays or themes must be consistent
with, representative of, and congruent with the District's curriculum.
In planning school activities related to the teaching about religious holidays or themes, special
effort must be made to ensure that the activity is not devotional and that students of all faiths can join
without feeling they are betraying their own beliefs.
In planning school activities related to the teaching about religious holidays or themes, age
appropriate activities are encouraged within the framework of the curriculum. Teaching about
religious and cultural holidays may include such special activities as parties and special foods, if they
reinforce educational goals.
(Continued)
2004
8370
2 of 2
Instruction
SUBJECT:
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS (Cont'd.)
Music in the Schools
The purpose of using religious music should be to teach musical concepts, to convey historical
and cultural content, or to create aesthetic experiences in a setting which emphasizes artistic
expression and educational value, not to promote or to celebrate a religious faith.
District Calendar
The days on which members of a religious group may be absent to observe a religious holiday
(legal absence) will be noted on the school planning calendar and the District calendar distributed to
parents/guardians. Out of respect for a student's observance of these holidays, teachers will be
sensitive to the needs of the student by allowing them to make up all class work, homework, and tests
without penalty. Parents/guardians are encouraged to notify the school prior to the absence in order to
assist the staff in instructional planning and in meeting the needs of the student.
Implementation
Administrative regulations will be developed to implement the terms of this policy. Further, the
District shall vigorously publicize and disseminate this policy and accompanying regulations in order
to ensure community, faculty, student, and parental/guardian awareness.
United States Constitution, First Amendment
New York State Constitution, Article XI, Section 4
Equal Access Act, 20 United States Code (USC)
Sections 4071- 4074
Education Law Sections 1709(1) and (3), 3204(5) and 3210
8 New York Code of Rules and Regulations (NYCRR)
Sections 16.2 and 109.2
Adopted : 1/27/04
2004
8410
Instruction
SUBJECT:
SCHOOL CALENDAR AND SCHOOL DAY
School Calendar
The Superintendent shall be responsible for the preparation of a school calendar to be presented
to the Board for adoption.
School Day
The school day shall be set by the Superintendent with approval of the Board.
Education Law Sections 3204(4) and 3604(7)(8)
8 New York Code of Rules and Regulations
(NYCRR) Section 175.5
Adopted : 1/27/04
2004
8420
Instruction
SUBJECT:
OPENING EXERCISES AND PLEDGE OF ALLEGIANCE
The Board directs the administration to include the Pledge of Allegiance as part of the opening
exercises in all the schools. Under certain circumstances, such as religious conviction, students may
be excused from this requirement as a protection of their Constitutional rights.
Education Law Section 802
8 New York Code of Rules and Regulations
(NYCRR) Section 108.5
Adopted : 1/27/04
2004
8430
Instruction
SUBJECT:
INDEPENDENT STUDY
Independent study, for credit, will be available to meet the individual needs of students in grades
9 through 12. The Principal, after consultation with relevant faculty, shall award credit to the student
based on successful completion of the independent study and demonstrated mastery of the learning
outcomes of the subject.
Students enrolled in the District, may earn a maximum of three (3) units of elective credit
towards a Regents diploma through independent study. The student's participation in independent
study shall be approved by a school-based panel consisting of, at a minimum, the Principal, a teacher
in the subject area for which independent credit is sought, and a guidance director or administrator.
Credit for independent study may be awarded for elective courses only and shall not be awarded
for courses required for the Regents diploma as specified in Commissioner's Regulations.
8 New York Code of Rules and Regulations (NYCRR) Section 100.5(9)
Adopted: 1/27/2004
Amended: 2/08/2011
2004
8440
Instruction
SUBJECT:
HOMEWORK
The Board of Education acknowledges the educational value of meaningful homework as an
adjunct to and extension of the instructional program of the schools. For the purposes of this policy,
"homework" shall refer to those assignments to be prepared by the student outside of the school or
independently while in attendance at school.
Adopted : 1/27/04
2004
8450
Instruction
SUBJECT:
HOME TUTORING DUE TO LONG TERM ABSENCE
Resident children attending public or non-public schools who qualify for home tutoring due to a
long term illness shall be provided with such instruction in accordance with New York State
Education Law and Commissioner's Regulations.
Procedures for students requiring home tutoring shall be developed under the direction of the
Superintendent or his/her designee.
Education Law Sections 1604(20),
1709(24), 3202, and 4401
Adopted : 1/27/04
2004
8460
Instruction
SUBJECT:
FIELD TRIPS AND CLASS TRIPS
The Board of Education recognizes that field trips and class trips are an educationally sound and
important ingredient in the instructional program of the schools.
For purposes of this policy, a field trip or class trip shall be defined as any journey by a group of
students away from the school premises, under the supervision of a teacher, which is an integral part
of an approved course of study and conducted for the purpose of affording a first-hand educational
experience not available in the classroom.
Field trips or class trips are a part of the curriculum of the schools, and student conduct and
attendance on field trips are governed by the same rules that govern regular classroom activities. The
School System shall obtain written permission from parents for students going on school-sponsored
field trips.
The Superintendent shall prepare procedures for the operation of a field trip activity. Field trip
support shall be determined annually by the Board during its budget deliberations. Regardless of the
fiscal support for field trips, the rules of the School District for approval and conduct of such trips
shall apply.
Adopted: 1/27/04
Revised: 4/21/04
2004
8470
1 of 2
Instruction
SUBJECT:
HOME INSTRUCTION (HOME SCHOOLING)
From time to time, parents will choose to instruct their children at home. Although New York
State law does not recognize home schools as private elementary or secondary schools, the School
District will attempt to cooperate with parents who wish to provide home schooling for their children
realizing that the child who is educated at home should receive an education in a manner consistent
with an educational plan and at least substantially equivalent to that given to students of like age and
attainments in the local public schools. The required subjects should be taught in a competent,
systematic, and sequential manner, specifically in relation to the required courses as enumerated in
Commissioner's Regulation Section 100.10.
Primary responsibility for determining compliance with Commissioner's Regulations addressing
home instruction rests with the Superintendent of Schools of the school district in which a homeinstructed student resides.
Provision of Services to Home-Instructed Students
They are not awarded a high school diploma. A high school diploma may only be awarded to a
student enrolled in a registered secondary school who has completed all program requirements set by
the Board of Regents, the school or the District.
a)
Extracurricular Participation
District Does Not Allow
Students instructed at home are not eligible to participate in interscholastic sports.
Commissioner's Regulations mandate that only students enrolled in the public school are allowed
to participate in interscholastic sports. Further, the District does not permit home-instructed
students to participate in any extracurricular activities.
b)
Textbooks and Materials
District Does Not Provide
The District shall not provide textbooks and other materials to home-instructed students.
c)
Health Services
The School District is not required to furnish health services.
d)
Remedial Programs
The District is not responsible for providing remedial programs.
e)
Career and Technical/Gifted Education
The District is not authorized to provide Occupational and Vocational Education programs
(career and technical education) nor programs for the Gifted to home-instructed students.
(Continued)
2004
8470
2 of 2
Instruction
SUBJECT:
f)
HOME INSTRUCTION (HOME SCHOOLING) (Cont'd.)
Special Education Services
Solely for the purpose of Education Law Section 3602-c, home-instructed students with
disabilities are deemed to be students enrolled in and attending a nonpublic school, which
enables them to receive special education services, as well as to be included for computation of
state aid for such education by the District.
The Committee on Special Education (CSE) will develop an Individualized Education Services
Program (IESP) for the student. The IESP shall be developed in the same manner and with the
same content as an IEP. The Board of Education will determine a location where special
education services are to be provided to a home-instructed student. This location may, but is not
required to be, in the student's home.
g)
Use of School Facilities
District Does Not Allow
Students instructed at home shall not be allowed to use school facilities, except as provided for
community organizations in Policy #3280 -- Use of School Facilities, Materials and Equipment.
Education Law Sections 3204, 3205, 3210(2), 3212(2), 3240-42, 3602-c and 4402
8 New York Code of Rules and Regulations (NYCRR) Sections 100.10, 135.4(c)(7)(ii)(b)(2) and 200.2(a)
Adopted: 1/27/2004
Amended: 1/08/2013
2010
8480
1 of 2
Instruction
SUBJECT:
ANIMALS IN THE SCHOOL (INSTRUCTIONAL PURPOSES)
Observation and experimentation with living organisms and animals gives students unique
perspectives of life processes. Animals and animal materials should be used respectfully and for the
purpose of meeting course objectives.
The Board of Education, in recognizing the educational uses of animals in the classroom,
requires that permission be obtained from the Building Principal before animals are brought into the
school or classrooms. It is the Principal's responsibility to ensure that there is an appropriate
educational purpose if any animal is housed in a classroom. Animals are not to be transported on
school buses with the exception of animals certified to assist persons with disabilities.
Study and Care of Live Animals
It shall be the responsibility of the Principal or his/her designee to develop a plan of care for
those animals housed in school in the event of an emergency school closing or in the event the animals
remain in the classroom on days when school is not in session.
Dissection of Animals
Any student expressing a moral or religious objection to the performance or witnessing of the
dissection of an animal, either wholly or in part, shall be provided the opportunity to undertake and
complete an alternative project approved by the student's teacher; provided, however, that such
objection is substantiated in writing by the student's parent or legal guardian. An alternate activity
clearly related to and of comparable rigor will be assigned in lieu of laboratory dissection. Some
examples of alternate activities include the use of computer simulations or research. Students who
perform alternative projects shall not be penalized.
Effective July 1, 2011, the District will give reasonable notice to all students enrolled in a course
that includes the dissection of an animal and students' parent(s)/legal guardian(s) about their rights to
seek an alternate project to dissection. Such notice shall be made available upon request at the school
and distributed to parents and students enrolled in a course that includes dissection at least once at the
beginning of the school year.
Other Situations
1.
Animals under the control of public safety officers may have access to school property as use of
these animals by such officials is under the jurisdiction of federal and state law as applicable.
2.
Animals trained to assist individuals with disabilities (e.g., service dogs) are permitted on district
property and at district events when being used for that purpose pursuant to law. The school
principal should receive prior notification about the presence of such a service animal in order to
implement any necessary precautions. Again, parents should be notified and student health
records should be reviewed for health conditions, such as allergies, that may present a problem
for students.
(Continued)
2010
8480
2 of 2
Instruction
SUBJECT:
ANIMALS IN THE SCHOOL (INSTRUCTIONAL PURPOSES) con’t
Instruction in the Humane Treatment of Animals
Students in elementary school must receive instruction in the humane treatment and protection of
animals and the importance of the part they play in the economy of nature as well as the necessity of
controlling the proliferation of animals that are subsequently abandoned and caused to suffer extreme
cruelty. Such instruction shall be for a period of time as specified by the Board of Regents and may be
joined with work in literature, reading, language, nature study, or ethnology.
s
Americans with Disabilities Act, 42 United States Code (USC) Section 12101 et. seq.
Education Law Section 809
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(c)(8)
Approved:
Amended:
02/09/2010
06/14/2011
AUBURN ENLARGED CITY POLICY INDEX
ABOLISHING AN ADMINISTRATIVE POSITION .............................................................................4220
ABSENCES
Family and Medical Leave Act .......................................................................................................6551
Staff Leave and Absences ...............................................................................................................6550
Student Absences and Excuses .......................................................................................................7110
ABSENTEE BALLOTS ...........................................................................................................................5160
ACCEPTABLE USE OF COMPUTERIZED INFORMATION RESOURCES ......................................6470, 7314
ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO THE SCHOOL DISTRICT ...................5230
ACCEPTING GIFTS ................................................................................................................................5230, 6110
ACCESS TO RECORDS – PUBLIC ........................................................................................................3310
ACCIDENTS AND MEDICAL EMERGENCIES...................................................................................7520
ACCOUNTING OF FIXED ASSETS ......................................................................................................5621
ACCOUNTING OF FUNDS ....................................................................................................................5510
ACQUIRED IMMUNE DEFICIENCY SYNDROME ............................................................................5692
ADMINISTRATION
Abolishing Positions .......................................................................................................................4220
Administrative Authority During Absence of Superintendent of Schools ......................................4230
Administrative Latitude in Absence of Board Policy .....................................................................4240
Administrative Line Responsibility ................................................................................................4211
Administrative Organization and Operation ...................................................................................4210
Administrative Organizational Chart ..............................................................................................4212
Administrative Personnel ................................................................................................................4110
Administrative Regulations .............................................................................................................1420
Administrative Staff ........................................................................................................................4330
Administrative Staff-Evaluation .....................................................................................................4260
Use of Committees ..........................................................................................................................4250
ADMINISTRATORS ...............................................................................................................................4310-4330
ADVERTISING IN THE SCHOOLS .......................................................................................................3272
ADVISORY COUNCILS (BOCES) – CAREER AND TECHNICAL (VOCATIONAL)
EDUCATION .................................................................................................................................8220
AEDs (AUTOMATED EXTERNAL DEFIBRILLATORS) ...................................................................5685
AGE OF SCHOOL ENTRANCE .............................................................................................................7120
AGENDA FORMAT ................................................................................................................................1512
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
AGES OF ATTENDANCE ......................................................................................................................7130
AGREEMENTS FOR COMMERCIAL PURPOSES ..............................................................................5662
AIDES -- EMPLOYMENT OF ................................................................................................................6320
AIDS -- ACQUIRED IMMUNE DEFICIENCY SYNDROME ..............................................................5692
AIDS INSTRUCTION IN HEALTH EDUCATION ...............................................................................8211
ALCOHOL AND DRUG TESTING FOR SCHOOL BUS DRIVERS AND OTHER
SAFETY-SENSITIVE EMPLOYEES ............................................................................................5751
ALCOHOL, TOBACCO, DRUGS AND OTHER SUBSTANCES.........................................................6150, 7320
ALTERNATIVE TESTING .....................................................................................................................7211
ANAPHYLAXIS ......................................................................................................................................7515
ANIMALS IN THE SCHOOL (INSTRUCTION PURPOSES)...............................................................8480
ANNUAL DISTRICT ELECTION -- BUSINESS OF .............................................................................1611
ANNUAL DISTRICT MEETING AND ELECTION/BUDGET VOTE .................................................1610
ANNUAL FINANCIAL STATEMENT -- PUBLICATION OF .............................................................5540
ANNUAL ORGANIZATIONAL MEETING – TIME ............................................................................1620
ANTI-HARASSMENT IN THE SCHOOL DISTRICT (USE “DISCRIMINATION”) ..........................3420
APPOINTMENT AND TRAINING OF CSE AND CPSE MEMBERS..................................................7631, 7632
APPOINTMENT OF SUPPORT STAFF .................................................................................................6310
ASSIGNMENTS AND TRANSFERS OF CERTIFIED PERSONNEL ..................................................6210
ASSISTANT PRINCIPALS .....................................................................................................................4330
ATHLETIC PROGRAM
Safety ..............................................................................................................................................7420
Student Injuries ...............................................................................................................................7420
Supervision......................................................................................................................................7420
ATTENDANCE AREAS ..........................................................................................................................7131
ATTENDANCE ENTITLEMENT -- AGE AND RESIDENCY .............................................................7130
ATTENDANCE -- NON-RESIDENT STUDENTS.................................................................................7132
ATTENDANCE OF THE BOARD OF EDUCATION ............................................................................1510
ATTENDANCE POLICY ........................................................................................................................7210
ATTENDANCE RECORDS ....................................................................................................................7210
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
AUDIOVISUAL MATERIALS SELECTION .........................................................................................8320
AUDIT COMMITTEE CHARTER ..........................................................................................................1351
AUDITOR – INDEPENDENT .................................................................................................................1334
AUDITOR -- INTERNAL CLAIMS ........................................................................................................1335
AWARDS AND SCHOLARSHIPS .........................................................................................................7430
BAND INSTRUMENTS ..........................................................................................................................7440
BEQUESTS, GRANTS AND GIFTS TO THE SCHOOL DISTRICT - - ACCEPTANCE OF ..............5230
BOARD
Agenda Format ................................................................................................................................1512
Appointments and Designations by the Board of Education ..........................................................1330
Board Member Attendance .............................................................................................................1510
Board Member Authority ................................................................................................................1120
Board Member Nomination and Election .......................................................................................1220
Board Member Qualifications .........................................................................................................1210
Board Member Removal From Office ............................................................................................1240
Board Member Resignation ............................................................................................................1240
Board Members - Powers and Duties..............................................................................................1310
Board Officers - Nominations and Election ....................................................................................1320
Board Self-Evaluation .....................................................................................................................2340
Committees of the Board ................................................................................................................2210
Compensation and Expenses ...........................................................................................................2330
Defense and Indemnification ..........................................................................................................6540
Membership in Associations ...........................................................................................................2310
New Board Member Orientation .....................................................................................................2110
Principles for School Board Members ............................................................................................1340
Public Expression at Board Meetings .............................................................................................3220
Reporting of Expenditures ..............................................................................................................1230
Role of the Board in Implementing a Student’s Individualized Education Program ......................7613
School Board Conferences, Conventions and Workshops ..............................................................2320
School Board Legal Status ..............................................................................................................1110
School Board Meetings ...................................................................................................................1510-1520
School Board Memberships ............................................................................................................2310
BOARD APPOINTMENTS AND DESIGNATIONS .............................................................................1330
BOARD ATTORNEY -- DUTIES OF .....................................................................................................1337
BOARD DISTRICT CLERK -- DUTIES OF ...........................................................................................1331
BOARD INDEPENDENT AUDITOR -- DUTIES OF ............................................................................1334
BOARD INTERNAL CLAIMS AUDITOR -- DUTIES OF ....................................................................1335
BOARD MEETING PROCEDURES (PARLIAMENTARY PROCEDURES) ......................................2120
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
BOARD MEMBER DEFENSE AND INDEMNIFICATION .................................................................6540
BOARD MEMBER ORIENTATION ......................................................................................................2110
BOARD MEMBER QUALIFICATIONS ................................................................................................1210
BOARD MEMBER REMOVAL FROM OFFICE ...................................................................................1240
BOARD MEMBER RESIGNATION.......................................................................................................1240
BOARD MEMBER TERM OF OFFICE .................................................................................................1130
BOARD POLICY EXECUTION: ADMINISTRATIVE REGULATIONS ...........................................1420
BOARD POLICY FORMULATION, ADOPTION AND DISSEMINATION .......................................1410
BOARD POLICY REVIEW AND EVALUATION ................................................................................1410
BOARD PRESIDENT -- DUTIES OF .....................................................................................................1321
BOARD TAX COLLECTOR -- DUTIES OF ..........................................................................................1333
BOARD TREASURER -- DUTIES OF ...................................................................................................1332
BOARD TREASURER OF SCHOOL ACTIVITIES -- DUTIES OF .....................................................1336
BOARD VICE PRESIDENT -- DUTIES OF ...........................................................................................1322
BOCES ADVISORY COUNCIL – CAREER AND TECHNICAL (VOCATIONAL)
EDUCATION .................................................................................................................................8220
BOMB THREATS ....................................................................................................................................8212
BONDING OF EMPLOYEES AND SCHOOL BOARD MEMBERS....................................................5310
BOOSTER CLUBS...................................................................................................................................3260
BORROWING OF FUNDS ......................................................................................................................5340
BUDGET
Absent Ballots .................................................................................................................................5160
Administration of the Budget ..........................................................................................................5140
Budget Adoption .............................................................................................................................5130
Budget Hearing ...............................................................................................................................5120
Budget Notice..................................................................................................................................5120
Budget Planning and Development .................................................................................................5110
Budget Transfers .............................................................................................................................5330
Budget Vote ....................................................................................................................................1610
Contingency Budget ........................................................................................................................5150
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
BUDGET (Cont'd.)
Dissemination of Budget Information .............................................................................................5120
Property Tax Report Card ...............................................................................................................5110-5120
BULLYING IN THE SCHOOLS .............................................................................................................7380
BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES -- DRUG AND
ALCOHOL TESTING ....................................................................................................................5751
BUS DRIVERS QUALIFICATIONS.......................................................................................................5750, 5751
BUS RULES AND REGULATIONS .......................................................................................................7340
CAREER AND TECHNICAL OCCUPATIONAL EDUCATION .........................................................8220
CASH IN SCHOOL BUILDINGS ...........................................................................................................5530
CENSORSHIP OF SCHOOL SPONSORED STUDENT PUBLICATIONS AND ACTIVITIES .........7411
CENSUS ...................................................................................................................................................7160, 7650
CERTIFICATION ....................................................................................................................................6212
CERTIFIED PERSONNEL ......................................................................................................................6210
CERTIFIED PERSONNEL -- ASSIGNMENT AND TRANSFER .........................................................6210
CERTIFICATES AND IEP DIPLOMAS FOR STUDENTS WITH DISABILITIES .............................7222
CHARACTER EDUCATION ..................................................................................................................8242
CHARITABLE DONATIONS FROM SCHOOL CHILDREN -- SOLICITATION OF ........................3271
CHILD ABDUCTION (PREVENTION OF) -- INSTRUCTION ON .....................................................8211
CHILD ABUSE AND NEGLECT/MALTREATMENT ....................................................................7530
CHILD NUTRITION PROGRAM ...........................................................................................................5660
CHILDREN WITH DISABILITIES .........................................................................................................7611
CITIZENSHIP, PATRIOTISM AND HUMAN RIGHTS EDUCATION ...............................................8241
CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/
INTERPERSONAL VIOLENCE PREVENTION EDUCATION ..................................8242
CLOSING OF SCHOOL – EMERGENCY .............................................................................................3510
CO-CURRICULAR ACTIVITIES ...........................................................................................................7410
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
COBRA .....................................................................................................................................................6510
CODE OF CONDUCT ON SCHOOL PROPERTY ................................................................................3410, 7310
CODE OF ETHICS FOR ALL DISTRICT PERSONNEL ......................................................................6110
COLLEGE COURSES -- DUAL CREDIT FOR ......................................................................................7230
COMMITTEES
Committee on Preschool Special Education ...................................................................................7632
Committee on Special Education ....................................................................................................7631
Committees of the Board ................................................................................................................2210
Use of Committees ..........................................................................................................................4250
COMMUNICABLE DISEASES ..............................................................................................................5691
COMMUNITY USE OF SCHOOL FACILITIES ....................................................................................3280
COMPENSATION AND RELATED BENEFITS ...................................................................................4420
COMPLAINTS
Complaints and Grievances by Employees .....................................................................................6122
Complaints and Grievances by Students .........................................................................................7550
Complaints and Grievances Coordinator ........................................................................................6122, 7550
Public Complaints ...........................................................................................................................3230
COMPREHENSIVE PUBLIC SCHOOL BUILDING SAFETY PROGRAM (RESCUE) .....................5630
COMPUTER TECHNOLOGY .................................................................................................................8270
COMPUTERIZED INFORMATION -- CONFIDENTIALITY OF ........................................................3320
COMPUTERIZED INFORMATION RESOURCES -- USE OF ............................................................6470, 7314
CONCUSSION MANAGEMENT ...........................................................................................................7522
CONDUCT AND DISCIPLINE (STUDENT) ........................................................................................3410, 6410,
7310, 7313
CONDUCT ON SCHOOL PROPERTY ..................................................................................................3410, 7310
CONFERENCES, CONVENTIONS AND WORKSHOPS -- ATTENDANCE AT ...............................2320, 4410,
6160
CONFIDENTIALITY OF COMPUTERIZED INFORMATION ............................................................3320
CONSERVATION AND RECYCLING ..................................................................................................5650
CONSTRUCTION AND REMODELING OF SCHOOL FACILITIES .................................................5630
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
CONTESTS FOR STUDENTS ................................................................................................................7430
CONTINGENCY BUDGET.....................................................................................................................5150
CONTINUATION OF MEDICAL INSURANCE COVERAGE AT TERMINATION
OF EMPLOYMENT .......................................................................................................................6510
CONTROVERSIAL ISSUES ...................................................................................................................8331
COPYRIGHTED MATERIALS ...............................................................................................................8350
CORPORAL PUNISHMENT...................................................................................................................7350
CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES ....................................................7222
CRISIS RESPONSE (POST INCIDENT RESPONSE) ...........................................................................5681, 5682
CURRICULUM AREAS IN CONFLICT WITH RELIGIOUS BELIEFS ..............................................8330
CURRICULUM DEVELOPMENT..........................................................................................................8110
CURRICULUM EVALUATION .............................................................................................................8110
CURRICULUM RESOURCES ................................................................................................................8110
CUSTODIAL AND NONCUSTODIAL PARENTS ...............................................................................7130, 7241
DAY-SCHOOL .........................................................................................................................................8410
DECLASSIFICATION OF STUDENTS WITH DISABILITIES ............................................................7618
DEDUCTIONS – PAYROLL ...................................................................................................................6530
DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES .......................6540
DESIGNATIONS BY THE BOARD OF EDUCATION .........................................................................1330
DESTRUCTION OR LOSS OF DISTRICT PROPERTY OR RESOURCES .........................................7311
DETERMINATION OF EMPLOYMENT STATUS: EMPLOYEE OR INDEPENDENT CONTRACTOR ....... 6560
DIGNITY FOR ALL STUDENTS ACT ..................................................................................... 7580
DIRECTORY INFORMATION ...............................................................................................................7242
DISCIPLINE .............................................................................................................................................3410, 6410,
7310, 7313
DISCIPLINE AND CONDUCT – MAINTAINING ................................................................................6410
DISCIPLINE OF STUDENTS WITH DISABILITIES............................................................................3410, 7313
DISCIPLINING OF A TENURED TEACHER .......................................................................................6213.1
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
DISCRIMINATION .................................................................................................................................3420, 61206122, 7550,
7551, 7617,
7620, 7621,
8130, 8220
DISPOSITION OF RECORDS.................................................................................................................5670
DISSEMINATION OF BUDGET INFORMATION ...............................................................................5120
DISTRICT FUNDS - USE OF FOR PARTISAN POLITICAL ACTIVITY ...........................................5560
DISTRICT PLAN -- SPECIAL EDUCATION ........................................................................................7610
DISTRICT PROPERTY -- CODE OF CONDUCT ON ...........................................................................3410
DISTRICT PROPERTY -- LOSS OR DESTRUCTION OF....................................................................7311
DRESS CODE – STUDENT ....................................................................................................................7312
DRUGS
Alcohol, Tobacco, Drugs and Other Substances .............................................................................6150, 7320
Drug and Alcohol Testing for School Bus Drivers and Other Safety-Sensitive Employees ..........5751
Drug-Free Workplace......................................................................................................................6151
DUAL CREDIT FOR COLLEGE COURSES .........................................................................................7230
EDUCATION OF HOMELESS CHILDREN AND YOUTH .................................................................7133
EDUCATIONAL SERVICES FOR STUDENTS WHO BECOME PREGNANT ..................................7150
ELECTION OF BOARD OFFICERS ......................................................................................................1320
ELECTIONEERING ................................................................................................................................1220
ELIGIBILITY FOR PARTICIPATION IN CO-CURRICULAR ACTIVITIES ......................................7410
EMANCIPATED MINORS......................................................................................................................7130
EMERGENCY CLOSINGS .....................................................................................................................3440
EMERGENCY PLANNING ....................................................................................................................5681
EMERGENCY TREATMENT – STUDENTS ........................................................................................7520
EMPLOYEE ACTIVITIES ......................................................................................................................5560, 6430
EMPLOYEE PERSONNEL RECORDS ..................................................................................................6420
EMPLOYEE PROTECTION....................................................................................................................6540
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
EMPLOYMENT
Employment of Aides .....................................................................................................................6320
Employment of Relatives of Board of Education Members ...........................................................6215
ENERGY AND WATER CONSERVATION ..........................................................................................5650
ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY ..................................................................7130
ENVIRONMENTAL CONSERVATION INSTRUCTION ....................................................................8211
EQUAL ACCESS ACT ............................................................................................................................7410
EQUAL EDUCATIONAL OPPORTUNITIES ........................................................................................8130
EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................6120
ETHICS
Code of Ethics for District Personnel ..............................................................................................6110
EVALUATION
Evaluation of Administrative Staff .................................................................................................4260
Evaluation of Curriculum ................................................................................................................8110
Evaluation of Instructional Program ...............................................................................................8250
Evaluation of Personnel: Purposes .................................................................................................6130
Evaluation of Support Staff .............................................................................................................6131
Evaluation of the Superintendent ....................................................................................................4260
Self-Evaluation -- Board of Education ............................................................................................2340
Student Evaluation ..........................................................................................................................7211
EXAMS – HEALTH.................................................................................................................................6140, 7512
EXCLUDED PERSONNEL .....................................................................................................................6511
EXCUSES FOR STUDENT ABSENCES................................................................................................7110
EXECUTIVE SESSIONS -- BOARD MEETINGS .................................................................................1730
EXPENDITURES OF SCHOOL DISTRICT FUNDS .............................................................................5320
EXPOSURE CONTROL PROGRAM .....................................................................................................5690
EXTRA-CLASSROOM ACTIVITIES FUNDS .......................................................................................5520
EXTRA CURRICULAR ATHLETICS ....................................................................................................7420
EYE SAFETY/STUDENT USE OF HAND-HELD LASER POINTERS ...............................................8210
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
FACILITIES
Community Use of School Facilities ..............................................................................................3280
Comprehensive Public School Building Safety Program (RESCUE) .............................................5630
Facilities -- Construction and Remodeling......................................................................................5630
Facilities -- Inspection, Operation and Maintenance.......................................................................5630
Facilities -- Structural Safety Inspections .......................................................................................5630
School Facility Report Cards ..........................................................................................................5630
FALSE REPORTING OF AN INCIDENT AND/OR PLACING A FALSE BOMB ..............................8212
FAMILY AND MEDICAL LEAVE ACT ...............................................................................................6551
FERPA (FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT) .................................................7240
FIELD TRIPS
Field Trips .......................................................................................................................................8460
Parental Permission for Field Trips.................................................................................................8460
FILTERING (INTERNET CONTENT) ...................................................................................................8271
FINGERPRINTING OF PROSPECTIVE SCHOOL EMPLOYEES .......................................................6180
FIRE AND ARSON PREVENTION INSTRUCTION ............................................................................8211
FIRE DRILLS ...........................................................................................................................................8212
FIREARMS IN SCHOOL ........................................................................................................................3411, 7360,
7361
FISCAL EFFORT -- MAINTENANCE OF (TITLE I PROGRAMS) .....................................................5550
FIXED ASSETS .......................................................................................................................................5621, 5622
FLAG DISPLAY ......................................................................................................................................3140
FOIL (FREEDOM OF INFORMATION LAW) ......................................................................................3310
FOOD CHOICES ......................................................................................................................................5663
FOOD SERVICE PROGRAM .................................................................................................................5660
FRATERNITIES .......................................................................................................................................7412
FREE AND REDUCED LUNCH PROGRAM ........................................................................................5660
FUND RAISING.......................................................................................................................................3271, 3273,
7450
FUND RAISING BY STUDENTS ...........................................................................................................3271, 7450
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
FUNDS
Accounting of Funds .......................................................................................................................5510
Reserve Funds .................................................................................................................................5511
Borrowing of Funds ........................................................................................................................5340
Expenditures of School District Funds............................................................................................5320
Extra-classroom Activities Fund .....................................................................................................5520
Petty Cash Funds .............................................................................................................................5530
School Activities Funds ..................................................................................................................5520
Use of District Funds For Political Expenditures............................................................................5560
GIFTS .......................................................................................................................................................5230, 6110
GRADUATION
Graduation Ceremony .....................................................................................................................7223
Graduation Requirements/Early Graduation/Accelerated Programs...............................................7220
Local Certificates and IEP Diplomas for Students with Disabilities ..............................................7222
GRANTS, GIFTS AND BEQUESTS TO THE SCHOOL DISTRICT -- ACCEPTANCE OF ...............5230
GRIEVANCES (USE “COMPLAINTS”) ................................................................................................3230, 6122,
7550
GROUPING BY SIMILARITY OF NEEDS -- CHILDREN WITH DISABILITIES .............................7612
GUARDIANS AD LITEM -- USE OF AT IMPARTIAL HEARINGS ...................................................7670
GUIDANCE PROGRAM .........................................................................................................................8230
GUN-FREE SCHOOLS ............................................................................................................................7361
HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES .................................................................5631
HARASSMENT IN THE SCHOOL DISTRICT ......................................................................................3420, 6121,
7551
HARASSMENT – SEXUAL ....................................................................................................................6121, 7551
HAZARD COMMUNICATION STANDARD .......................................................................................5680
HAZARDOUS WASTE MATERIALS--STORAGE AND DISPOSAL .................................................5631
HAZING OF STUDENTS .......................................................................................................................7370
HEALTH EXAMINATIONS ...................................................................................................................6140, 7512
HEALTH INSURANCE ...........................................................................................................................6510
HEALTH RECORDS ...............................................................................................................................7514
HEALTH SERVICES (STUDENT) ........................................................................................................7511-7514
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
HIGH SCHOOL GRADUATION REQUIREMENTS ............................................................................7220
HIV-RELATED ILLNESSES ..................................................................................................................5692
HOME INSTRUCTION (PERMANENT INSTRUCTION) ...................................................................8470
HOME TUTORING (TEMPORARY INSTRUCTION) .........................................................................8450
HOMELESS CHILDREN ........................................................................................................................7130
HOMEWORK ...........................................................................................................................................8440
HUMAN IMMUNODEFICIENCY VIRUS (HIV) ..................................................................................5692
HUMAN RIGHTS, PATRIOTISM AND CITIZENSHIP EDUCATION ...............................................8241
IDENTIFICATION--CHILDREN WITH DISABILITIES ......................................................................7650
IMMUNIZATION OF STUDENTS .........................................................................................................7511
IMPARTIAL HEARING OFFICER.........................................................................................................7670
INCIDENTAL TEACHING .....................................................................................................................6212.1
INDEMNIFICATION ...............................................................................................................................6540
INDEPENDENT EDUCATIONAL EVALUATIONS ............................................................................7680
INDEPENDENT STUDY.........................................................................................................................8430
INDIVIDUALIZED EDUCATION PROGRAM .....................................................................................7640
INDIVIDUALIZED EDUCATION PROGRAM -- ROLE OF THE BOARD IN
IMPLEMENTING ..........................................................................................................................7613
INHALERS -- USE OF IN SCHOOLS ....................................................................................................7513
INSPECTIONS OF FACILITIES .............................................................................................................5630
INSTRUCTION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY ................................8280
INSTRUCTIONAL MATERIALS
Instructional Materials ....................................................................................................................8310
Objection to Instructional Materials ................................................................................................8330
Purposes of Instructional Materials .................................................................................................8330
Selection of Library and Audiovisual Materials .............................................................................8320
INSTRUCTIONAL PROGRAMS
AIDS Instruction .............................................................................................................................8211
Civility, Citizenship and Character Education/Interpersonal Violence Prevention Education .......8242
Emergency Planning .......................................................................................................................8211
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
INSTRUCTIONAL PROGRAM (Cont'd.)
Environmental Conservation ...........................................................................................................8211
Evaluation of Instructional Programs ..............................................................................................8250
Guidance Program...........................................................................................................................8230
Patriotism, Citizenship and Human Rights Education ....................................................................8241
Prevention of Child Abduction .......................................................................................................8211
Student Safety .................................................................................................................................8211
Substance Abuse/Prevention Instruction.........................................................................................8211
INSTRUCTIONAL TECHNOLOGY ......................................................................................................8270
INSTRUMENTS.......................................................................................................................................7440
INSURANCE ............................................................................................................................................5610, 6510,
6540, 7520
INTERNAL AUDIT .................................................................................................................................1352
INTERNET ...............................................................................................................................................6470, 7314,
8271
INTERPERSONAL VIOLENCE PREVENTION EDUCATION ...........................................................8242
INTERPRETER SERVICES TO PARENTS WHO ARE HEARING IMPAIRED ................................7212
INTERROGATIONS AND SEARCHES .................................................................................................7330
INTERSCHOLASTIC ATHLETICS ........................................................................................................7420
INTRAMURAL ATHLETICS .................................................................................................................7420
INVENTORIES ........................................................................................................................................5620, 5621
INVESTMENTS .......................................................................................................................................5220
INVOLUNTARY TRANSFER OF STUDENTS .....................................................................................7140
JOB DESCRIPTIONS ..............................................................................................................................6120
JURY DUTY.............................................................................................................................................6460
LASER POINTERS/EYE SAFETY .........................................................................................................8210
LAW ENFORCEMENT OFFICIALS ......................................................................................................7330
LEAST RESTRICTIVE ENVIRONMENT -- CHILDREN WITH DISABILITIES ...............................7611, 7616
LEAVES OF ABSENCE ..........................................................................................................................6550, 6551
LEGAL QUALIFICATIONS OF VOTERS AT SCHOOL DISTRICT MEETINGS .............................1250
LIBRARY MATERIALS .........................................................................................................................8320
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
LIMITED ENGLISH PROFICIENCY -- INSTRUCTION FOR STUDENTS ........................................8280
LIMITED OPEN FORUM........................................................................................................................7410
LINE RESPONSIBILITY OF ADMINISTRATORS ..............................................................................4211
LOCAL CERTIFICATES AND IEP DIPLOMAS FOR STUDENTS WITH DISABILITIES ...............7222
LOCKERS ...............................................................................................................................................7330
LOSS OR DESTRUCTION OF DISTRICT PROPERTY OR RESOURCES .........................................7311
LUNCH PROGRAM -- FREE/REDUCED ..............................................................................................5660
MAINTAINING DISCIPLINE AND CONDUCT ...................................................................................6410
MAINTENANCE OF FISCAL EFFORT (TITLE I PROGRAMS) .........................................................5550
MARRIED STUDENTS ...........................................................................................................................7150
MATRICULATION POLICY ..................................................................................................................7230
MEDIA......................................................................................................................................................3110
MEDIATION -- SPECIAL EDUCATION ...............................................................................................7690
MEDICAL EMERGENCIES AND ACCIDENTS...................................................................................7520
MEDICAID COMPLIANCE PROGRAM POLICY ................................................................................5574
MEDICATIONS .......................................................................................................................................7513
MEETINGS
Agenda Format ................................................................................................................................1512
Annual District Meeting and Election/Budget Vote .......................................................................1610
Annual Organization Meeting .........................................................................................................1620
Business of the Annual District Election ........................................................................................1611
Committee Meetings of the Board ..................................................................................................2210
Executive Sessions of the Board .....................................................................................................1730
Minutes of Board Meetings .............................................................................................................1720
Regular Board Meetings and Rules (Quorum and Parliamentary Procedure) ...............................1510
Public Expression ............................................................................................................................3220
Public Sessions ................................................................................................................................1510
Quorum ...........................................................................................................................................1710
Regular Board Meetings .................................................................................................................1510
Special Board Meetings ..................................................................................................................1520
MEGAN’S LAW ......................................................................................................................................7560
MINUTES OF BOARD MEETINGS .......................................................................................................1720
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
MUNICIPAL GOVERNMENTS -- RELATIONS WITH .......................................................................3120
MUSICAL INSTRUMENTS ....................................................................................................................7440
NAMING OF DISTRICT’S SCHOOLS, ROOMS, AND SITES ............................................................3160
NEGOTIATIONS .....................................................................................................................................6440
NON-RESIDENT STUDENTS ................................................................................................................7132
NOTIFICATION OF SEX OFFENDERS ................................................................................................7560
OBJECTION TO INSTRUCTIONAL MATERIALS ..............................................................................8330
OCCUPATIONAL (CAREER AND TECHNICAL) EDUCATION .......................................................8220
OPENING EXERCISES ...........................................................................................................................8420
OPERATION AND MAINTENANCE OF FACILITIES ........................................................................5630
ORGANIZATIONAL CHART ................................................................................................................4212
ORIENTING NEW BOARD MEMBERS ...............................................................................................2110
PARENT INVOLVEMENT .....................................................................................................................7660
PARENT INVOLVEMENT -- CHILDREN WITH DISABILITIES ......................................................7660
PARENT-TEACHER ASSOCIATION: ORGANIZATION; PARTNERSHIP .....................................3250
PARENTAL INVOLVEMENT -- TITLE I PROGRAMS AND PROJECTS .........................................8260
PARENTAL PERMISSION FOR FIELD TRIPS ....................................................................................8460
PARENTS ORGANIZATIONS: ORGANIZATION; PARTNERSHIP ..................................................3250
PARLIAMENTARY PROCEDURES......................................................................................................2120
PATRIOTISM, CITIZENSHIP AND HUMAN RIGHTS EDUCATION ...............................................8241
PAYROLL DEDUCTIONS ......................................................................................................................6530
PERSONNEL
Certified Personnel ..........................................................................................................................6210
Code of Ethics .................................................................................................................................6110
Evaluation of Personnel ..................................................................................................................6130
Recruitment .....................................................................................................................................6211
Release of Personnel Information ...................................................................................................6420
Safety of Personnel .........................................................................................................................5680
Staff – Separation ............................................................................................................................6214
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
PERSONNEL (Cont'd.)
Support Staff – Appointment ..........................................................................................................6310
Teacher Aides -- Employment of ....................................................................................................6320
Temporary Personnel ......................................................................................................................6220
PETTY CASH FUNDS ............................................................................................................................5530
PHYSICAL EXAMINATIONS OF STUDENTS ....................................................................................7512
PLEDGE OF ALLEGIANCE ...................................................................................................................8420
POLICIES
Execution of Policy: Administrative Regulations ..........................................................................1420
Formulation, Adoption and Dissemination of Policy......................................................................1410
Policy Review and Evaluation ........................................................................................................1410
POLITICAL
Staff Participation in Political Activities .........................................................................................6430
Use of District Funds For Political Expenditures............................................................................5560
PREGNANT STUDENTS ........................................................................................................................7150
PREREFERRAL INTERVENTION STRATEGIES IN GENERAL EDUCATION (PRIOR
TO A REFERRAL FOR SPECIAL EDUCATION) .......................................................................7617
PRESCHOOL SPECIAL EDUCATION ..................................................................................................7614
PRESCRIPTIVE MEDICATION .............................................................................................................7513
PREVENTION INSTRUCTION ..............................................................................................................8211
PREVENTION OF CHILD ABDUCTION -- INSTRUCTION ON ........................................................8211
PRINCIPALS – BUILDING.....................................................................................................................4330
PRINCIPLES FOR SCHOOL BOARD MEMBERS ...............................................................................1340
PRIVACY OF PROTECTED HEALTH INFORMATION .....................................................................6512
PROCUREMENT POLICY......................................................................................................................5410
PROBATION
Certificated Staff Probation and Tenure..........................................................................................6213
PROFESSIONAL DEVELOPMENT OPPORTUNITIES .......................................................................4410, 6160
PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS ..........................................................6210
PROFESSIONAL STAFF CERTIFICATION .........................................................................................6212
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES ..........................................................4410, 6160
PROFESSIONAL STAFF PROBATION AND TENURE ......................................................................6213
PROFESSIONAL STAFF RECRUITING ...............................................................................................6211
PROFESSIONAL STAFF SEPARATION ...............................................................................................6214
PROGRAM ACCESSIBILITY -- CHILDREN WITH DISABILITIES ..................................................7621
TITLE I PARENT INVOLVEMENT POLICY .......................................................................................8260
PROJECT SAVE ......................................................................................................................................3410, 5681,
7313, 8242
PROMOTION, PLACEMENT AND RETENTION ................................................................................7211
PROPERTY TAX REPORT CARD .........................................................................................................5110, 5120
PROPOSITIONS ......................................................................................................................................1260
PUBLIC
Access to Records ...........................................................................................................................3310
Public Complaints ...........................................................................................................................3230
Public Expression at Meetings ........................................................................................................3220
Public Participation at Board Meetings ...........................................................................................3220
Public Hearings ...............................................................................................................................3221
PUBLIC INFORMATION .......................................................................................................................3110
PUBLIC ORDER ......................................................................................................................................3410
PUBLIC PERFORMANCE AND EXHIBITIONS ..................................................................................7431
PUBLICATION OF DISTRICT’S FINANCIAL STATEMENT ............................................................5540
PUBLICATIONS – STUDENT ................................................................................................................7411
PUPIL PROOF OF AGE ..........................................................................................................................7120
PURCHASING .........................................................................................................................................5410
QUALIFICATIONS OF BUS DRIVERS ................................................................................................5750, 5751
QUORUM .................................................................................................................................................1710
RECORDS
Confidentiality of Computerized Information.................................................................................3320
Health Records ................................................................................................................................7514
Personnel Records and Release of Information ..............................................................................6420
Public Access to Records ................................................................................................................3310
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
RECORDS (Cont'd.)
Records Management ......................................................................................................................5670
Release of Information to the Noncustodial Parent.........................................................................7241, 7241
Retention and Disposition of Records.............................................................................................5670
Student Records: Access and Challenge ........................................................................................7240
RECRUITING
Certified Staff Recruiting ................................................................................................................6211
RECYCLING ............................................................................................................................................5650
REGISTER OF CHILDREN WITH DISABILITIES ..............................................................................7650
REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE) 1510-1520
RELATIVES OF THE BOARD OF EDUCATION .................................................................................6215
RELEASE OF INFORMATION TO THE NONCUSTODIAL PARENT ..............................................7241
RELEASE OF PERSONNEL INFORMATION ......................................................................................6420
RELEASE TIME OF STUDENTS ...........................................................................................................7112
RELIGIOUS BELIEFS – CONFLICT .....................................................................................................8330
RELIGIOUS EXPRESSION IN THE PUBLIC SCHOOLS ....................................................................8370
REPORTING TO PARENTS ...................................................................................................................7211
REQUEST FOR PART 100 VARIANCE OR PART 200 INNOVATIVE PROGRAM
WAIVER FROM COMMISSIONER’S REGULATIONS ............................................................8120
REQUIREMENTS FOR NEW BUS DRIVERS ......................................................................................5750
RESCUE (COMPREHENSIVE PUBLIC SCHOOL BUILDING SAFETY PROGRAM) .....................5630
RESERVE FUNDS ...................................................................................................................................5511
RESIDENCY (STUDENT) ......................................................................................................................7130
RESIGNATIONS – STAFF......................................................................................................................6214
RESPONSE TO INTERVENTION (RTI) PROCESS..............................................................................7213
RESTRICTION OF SWEETS IN SCHOOL ............................................................................................5660
RETENTION OF RECORDS ...................................................................................................................5670
REVENUES
Revenues .........................................................................................................................................5210
Revenues from District Investments ...............................................................................................5220
Revenues from Sale of School Property .........................................................................................5250
School Tax Assessment and Collection ..........................................................................................5240
“RIGHT-TO-KNOW” LAW ....................................................................................................................5680
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
RULES OF ORDER .................................................................................................................................2120
SAFE SCHOOLS AGAINST VIOLENCE IN EDUCATION ACT ........................................................3410, 7313,
8242
SAFETY
Athletic Program Safety ..................................................................................................................7420
Code of Conduct on School Property..............................................................................................3410
Safety and Security .........................................................................................................................5680, 5681
Safety Conditions and Programs .....................................................................................................8210
School Bus Safety Program ............................................................................................................5740
School Safety Plans .........................................................................................................................5681
Structural Safety Inspections ...........................................................................................................5630
Student Safety .................................................................................................................................5680, 8210
SAFETY OF STUDENTS (FINGERPRINTING CLEARANCE OF NEW HIRES) ..............................6180
SAFETY-SENSITIVE EMPLOYEES -- DRUG AND ALCOHOL TESTING ......................................5751
SALE AND DISPOSAL OF SCHOOL DISTRICT PROPERTY............................................................5250
SCHEDULES
School Bus Scheduling and Routing ...............................................................................................5720
SCHOLARSHIPS AND AWARDS .........................................................................................................7430
SCHOOL ATTORNEY ............................................................................................................................1337
SCHOOL BOARD ELECTIONS .............................................................................................................1250
SCHOOL BOARD LEGAL STATUS......................................................................................................1110
SCHOOL BUS PROGRAM .....................................................................................................................5710
SCHOOL BUS SAFETY PROGRAM .....................................................................................................5740
SCHOOL BUS SCHEDULING AND ROUTING ...................................................................................5720
SCHOOL CALENDAR ............................................................................................................................8410
SCHOOL CENSUS ..................................................................................................................................7160, 7650
SCHOOL CEREMONIES AND OBSERVANCES .................................................................................8360
SCHOOL CLOSINGS – EMERGENCY .................................................................................................3440
SCHOOL - COMMUNITY RELATIONS WITH THE MUNICIPAL GOVERNMENTS .....................3120
SCHOOL CONDUCT AND DISCIPLINE ..............................................................................................3410, 7310
SCHOOL DAY .........................................................................................................................................8410
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
SCHOOL DISTRICT LEGAL STATUS..................................................................................................1110
SCHOOL FOOD SERVICE PROGRAM -- LUNCH AND BREAKFAST ............................................5660
SCHOOL PHYSICIAN ............................................................................................................................1338
SCHOOL SAFETY PLANS .....................................................................................................................5681
SCHOOL TAX ASSESSMENT AND COLLECTION ...........................................................................5240
SCHOOL TRIPS .......................................................................................................................................8460
SCHOOL VOLUNTEERS .......................................................................................................................3150
SCREENING OF NEW SCHOOL ENTRANTS .....................................................................................7121
SEARCHES AND INTERROGATIONS OF STUDENTS .....................................................................7330
SECRET SOCIETIES, FRATERNITIES AND SORORITIES ...............................................................7412
SECTION 504 OF THE REHABILITATION ACT OF 1973 .................................................................7621
SECURITY/SAFETY ...............................................................................................................................5680, 5681
SELECTION/CLASSIFICATION PROCESS (ATHLETICS) ................................................................7420
SELECTION OF LIBRARY AND AUDIOVISUAL MATERIALS ......................................................8320
SENIOR CITIZENS .................................................................................................................................3130, 5241
SENIOR CLASS STUDENT FUNDS......................................................................................................7414
SEX OFFENDERS -- NOTIFICATION OF ............................................................................................7560
SEXUAL HARASSMENT .......................................................................................................................6121, 7551
SIGN INTERPRETATION FOR PARENTS WHO ARE HEARING IMPAIRED ................................7212
SILENT RESIGNATIONS .......................................................................................................................7530
SMOKING/TOBACCO USE ...................................................................................................................5640
SOLICITATIONS
Advertising in the Schools ..............................................................................................................3272
Solicitation of Charitable Donations From School Children ..........................................................3271
Solicitations by Staff Personnel ......................................................................................................6430
Soliciting Funds From School Personnel ........................................................................................3273
SORORITIES............................................................................................................................................7412
SPECIAL EDUCATION MEDIATION ...................................................................................................7690
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
SPECIAL EDUCATION PROGRAMS AND SERVICES
Alternative Testing for Students with Disabilities ..........................................................................7211
Appointment and Training of CPSE Members ...............................................................................7632
Appointment and Training of CSE Members .................................................................................7631
Children with Disabilities ...............................................................................................................7611
Conduct and Discipline ...................................................................................................................7310, 7313
Credential Options for Students with Disabilities ...........................................................................7222
Declassification of Students with Disabilities .................................................................................7618
District Plan.....................................................................................................................................7610
Grouping by Similarity of Needs ....................................................................................................7612
Impartial Hearing Officer ................................................................................................................7670
Independent Educational Evaluations .............................................................................................7680
Least Restrictive Environment ........................................................................................................7611, 7616
Mediation ........................................................................................................................................7690
Parent Involvement .........................................................................................................................7660
Prereferral Intervention Strategies in General Education (Prior to a Referral for Special
Education)..............................................................................................................................7617
Preschool Special Education Program ............................................................................................7614
Program Accessibility .....................................................................................................................7621
Register of Children with Disabilities .............................................................................................7650
Role of the Board In Implementing a Student’s Individualized Education Program ......................7613
Section 504 of the Rehabilitation Act of 1973 ................................................................................7621
Student Identification ......................................................................................................................7650
Student Individualized Education Program.....................................................................................7640
Students with Disabilities Participating in School District Programs .............................................7620
Surrogate Parents ............................................................................................................................7660
Suspension ......................................................................................................................................7313
Temporary Placement of Students with Disabilities .......................................................................7615
Transition Services ..........................................................................................................................7641
Transportation of Students with Disabilities ...................................................................................5730
Twelve Month Special Services and/or Programs ..........................................................................7642
Use of Guardians Ad Litem at Impartial Hearings..........................................................................7670
Use of Recording Equipment at IEP Meetings ...............................................................................7640
STAFF DEVELOPMENT ........................................................................................................................6160
STAFF HEALTH EXAMINATIONS ......................................................................................................6140
STAFF HEALTH INSURANCE ..............................................................................................................6510
STAFF PARTICIPATION IN POLITICAL ACTIVITIES ......................................................................6430
STAFF PROTECTION .............................................................................................................................6540
STAFF SAFETY.......................................................................................................................................5680, 5681
STAFF – SEPARATION ..........................................................................................................................6214
STRUCTURAL SAFETY INSPECTIONS ..............................................................................................5630
STUDENT ATHLETIC INJURIES ..........................................................................................................7420
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
STUDENT AWARDS AND SCHOLARSHIPS ......................................................................................7430
STUDENT COMPUTER USAGE POLICY ............................................................................................8261
STUDENT CONTESTS ...........................................................................................................................7430
STUDENT DIRECTORY INFORMATION ............................................................................................7242
STUDENT DISCIPLINE ..........................................................................................................................3410, 6410,
7310, 7313
STUDENT DRESS CODE .......................................................................................................................7312
STUDENT EVALUATION......................................................................................................................7211
STUDENT HEALTH SERVICES ............................................................................................................7511-7514
STUDENT IDENTIFICATION -- CHILDREN WITH DISABILITIES .................................................7650
STUDENT IMMUNIZATION .................................................................................................................7511
STUDENT PARTICIPATION .................................................................................................................3240
STUDENT PHYSICALS ..........................................................................................................................7512
STUDENT PLACEMENT, PROMOTION AND RETENTION .............................................................7211
STUDENT RECORDS -- ACCESS AND CHALLENGE .......................................................................7240
STUDENT RESIDENCY .........................................................................................................................7130
STUDENT SAFETY ................................................................................................................................5680, 5681,
8210
STUDENT SUSPENSION .......................................................................................................................7313
STUDENT TEACHERS ...........................................................................................................................6220
STUDENT VEHICLES ON SCHOOL PROPERTY ...............................................................................3290
STUDENTS -- NON-RESIDENT ............................................................................................................7132
STUDENTS WITH DISABILITIES PARTICIPATING IN SCHOOL
DISTRICT PROGRAMS ................................................................................................................7620
STUDENTS WITH LIMITED ENGLISH PROFICIENCY ....................................................................8280
SUBJECT COORDINATORS..................................................................................................................4330
SUBMISSION OF QUESTIONS AND PROPOSITIONS AT ANNUAL
ELECTIONS/SPECIAL DISTRICT MEETINGS ..........................................................................1260
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
SUBSTANCE ABUSE -- PREVENTION CURRICULUM ....................................................................8211
SUBSTITUTE TEACHERS .....................................................................................................................6220
SUICIDE ...................................................................................................................................................7540
SUPERINTENDENT
Board-Superintendent Relationship ................................................................................................4320
Evaluation of the Superintendent and Other Administrative Staff..................................................4260
Superintendent.................................................................................................................................4310
SUPERVISION OF STUDENTS -- ATHLETIC PROGRAM ................................................................7420
SUPPORT STAFF APPOINTMENT .......................................................................................................6310
SURROGATE PARENTS -- CHILDREN WITH DISABILITIES .........................................................7660
SUSPENSION
Student Suspension - In-School ......................................................................................................7313
Suspension from BOCES Activities ...............................................................................................7313
Suspension from BOCES Classes ...................................................................................................7313
Suspension of Students with Disabilities ........................................................................................7313
SUPERVISION OF STUDENTS .............................................................................................................7460
SWEETS IN SCHOOL .............................................................................................................................5660
TAX ASSESSMENT AND COLLECTION ............................................................................................5240
TAX COLLECTOR -- DUTIES OF .........................................................................................................1333
TAX EXEMPTION FOR SENIOR CITIZENS........................................................................................5241
TAX SHELTERED ANNUITIES ............................................................................................................6531
TEACHER AIDES ...................................................................................................................................6320
TEACHER REMOVAL OF DISRUPTIVE STUDENTS FROM THE CLASSROOM .........................7315
TECHNICAL AND CAREER (OCCUPATIONAL) EDUCATION .......................................................8220
TEMPORARY PERSONNEL ..................................................................................................................6220
TEMPORARY PLACEMENT OF STUDENTS WITH DISABILITIES ................................................7615
TERMINATION -- DUE PROCESS ........................................................................................................6214
TESTING PROGRAM .............................................................................................................................7211
TEXTBOOKS ...........................................................................................................................................8340
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
TEXTBOOKS FOR RESIDENT STUDENTS ATTENDING PRIVATE SCHOOLS ...........................8340
THEFT OF SERVICES OR PROPERTY ................................................................................................6450
THREATS OF VIOLENCE IN SCHOOL ...............................................................................................3412
TITLE I COMPLAINTS/APPEALS ........................................................................................................3231
TITLE I PROGRAMS AND PROJECTS.................................................................................................8260
TITLE I PROGRAMS -- MAINTENANCE OF FISCAL EFFORT ........................................................5550
TITLE VII -- EQUAL EMPLOYMENT OPPORTUNITY .....................................................................6120
TITLE IX/SECTION 504/ADA COMPLAINTS .....................................................................................6122, 7550,
8220
TITLE VIII -- SEXUAL HARASSMENT (PERSONNEL).....................................................................6121
TITLE IX -- SEXUAL HARASSMENT (STUDENTS) ..........................................................................7551
TOBACCO USE/SMOKING ...................................................................................................................5640
TOXIC SUBSTANCES -- HANDLING OF ............................................................................................5631
TRANSFER OF STUDENTS (INVOLUNTARY) ..................................................................................7140
TRANSITION SERVICES .......................................................................................................................7641
TRANSPORTATION
Bus Rules and Regulations..............................................................................................................7340
Safety Program ................................................................................................................................5740
Scheduling and Routing ..................................................................................................................5720
School Buses Stopped on School Property .....................................................................................5740
Transportation Program ..................................................................................................................5710
Transportation of Non-Resident Students .......................................................................................5730
Transportation of Students ..............................................................................................................5730
Transportation of Students with Disabilities ...................................................................................5730
Transportation to School Sponsored Events ...................................................................................5730
Transporting an Ill or Injured Student .............................................................................................7520
TRUANCY ...............................................................................................................................................7110
TWELVE MONTH SPECIAL SERVICES AND/OR PROGRAMS ......................................................7642
UNLAWFUL POSSESSION OF A WEAPON UPON SCHOOL GROUNDS .......................................3411, 7360,
7361
USE OF AUTOMATIC EXTERNAL CARDIAC DEFIBRILLATORS (AEDs) ...................................5683
USE OF COMMITTEES ..........................................................................................................................4250
USE OF COPYRIGHTED MATERIALS ................................................................................................8350
AUBURN ENLARGED CITY POLICY INDEX (Cont'd.)
USE OF PRIVATELY OWNED CARS ...................................................................................................6480
USE OF RECORDING EQUIPMENT AT IEP MEETINGS ..................................................................7640
USE OF SCHOOL FACILITIES ..............................................................................................................3280
USE OF TIME OUT ROOMS ..................................................................................................................7619
VANDALISM ...........................................................................................................................................7311
VARIANCE OR WAIVER FROM COMMISSIONER’S REGULATIONS -- REQUEST FOR ...........8120
VEHICLES ON DISTRICT PROPERTY ................................................................................................3290
VIOLENCE (THREATS OF) IN SCHOOL .............................................................................................3412
VIOLENT INCIDENT REPORTING SYSTEM .....................................................................................3430
VISITORS TO THE SCHOOL .................................................................................................................3210
VOCATIONAL (CAREER AND TECHNICAL) EDUCATION ............................................................8220
VOLUNTEERS – SCHOOL.....................................................................................................................3150
VOTERS -- LEGAL QUALIFICATIONS OF (AT SCHOOL DISTRICT MEETINGS) .......................1250
WAIVER OR VARIANCE FROM COMMISSIONER’S REGULATIONS -- REQUEST FOR ...........8120
WEAPONS IN SCHOOL .........................................................................................................................3411, 7360,
7361
WORKBOOKS .........................................................................................................................................8340
WORKERS’ COMPENSATION..............................................................................................................6520